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The question

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?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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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Where this answer came from
Source platform
Ftawy
Original fatwa ID
154015
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy