The Rule of "Azzro lizzare' wa lou kāna ghāsiba": The Nature and Scope

Jurisprudential rules are of many uses for stating and eliciting branches in jurisprudence and law. Among such uses and applications, is the rule of "Azzro lizzare' wa lou kana ghasiba" which is the same as the ending section of article 33 of the civil law which states: if a person seeds his own seed in another's farmland, the crop belongs to the one who has seeded the seed not the owner of the farmland, although he has misappropriated the farmland. Using a descriptive-analytic method, the present paper has investigated the branches of this rule. Eventually, it is concluded that given this rule is confirmed with respect to the yielded crop from this seed and generalizing the crop from the main tree, the animals' offspring and farming right for the misappropriator is an exception from this rule and receives a separate and independent rule.