What is the ruling on disposing of the share of unknown olive tree owners, and should one give the olive oil as charity, or its monetary value?
The inquirer's actions of exploiting trees he does not own and utilizing them without the owners' permission constitute an encroachment on others' rights and a sin. Therefore, he must repent to Allah and cease these actions. Part of perfecting repentance is to return a similar amount of the fruits he took to their owners, if possible. Otherwise, he should give charity on their behalf. If the owners come later, he should inform them. If they accept, then that is good; otherwise, he should pay them what they are entitled to. As for the oil extracted from the fruits, it belongs to the inquirer, but he must guarantee the value of the usurped fruits, based on Article 899 of the Ottoman Civil Code (Majallat al-Ahkam al-Adliyyah), which states: "If the usurper changes the usurped property in such a way that its name is altered, he becomes responsible for its value, and the usurped property remains his."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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