Article 641 of the Saudi Civil Transactions Law
المادة 641 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article provides that whoever takes possession of permissible movable property with the intention of owning it becomes its owner, and it defines when movable property is permissible.
Official text (Arabic)
This article has not been amended since the law was issued.
1- من أحرز منقولًا مباحًا بنيّة تملُّكه، مَلَكَه.
2- يكون المنقول مباحًا إذا لم يمنع من تملكه نص نظامي ولم يكن له مالك أو تخلى عنه مالكه بنيّة النزول عن ملكيته.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 641 explained in plain English
This article deals with a way of acquiring ownership called taking possession of permissible things (ihraz al-mubahat), that is, taking hold of a movable thing that nobody owns.
Paragraph 1: The rule
Whoever takes possession of permissible movable property with the intention of owning it becomes its owner. Two things are required:
- Taking possession, that is, actually putting one's hand on the thing and taking hold of it.
- The intention to own; under the wording of the article, someone who carries a thing without intending to own it does not become its owner merely by doing so.
Paragraph 2: When is movable property permissible?
Movable property is permissible if both of the following conditions are met:
- No legal provision prevents it from being owned.
- It has no owner to begin with, or its owner has abandoned it with the intention of giving up ownership.
A thing that its owner lost without intending to abandon it is therefore not permissible under this definition, because the condition is abandonment with the intention of giving up ownership.
Note that Article 642 makes certain things, including minerals, water, lost property, antiquities and game, subject to the legal provisions specific to them, so it is not enough to refer to this article alone for them.
The article concerns movable property, meaning what can be moved, and does not address real estate. Anyone with a dispute about the ownership of something they took on the basis that it was abandoned can consult a lawyer who specializes in civil matters.
Practical example
A resident of a neighborhood in Riyadh put old furniture next to the garbage container, intending to get rid of it, and Fahd took it to use in his home. The furniture is permissible movable property because its owner abandoned it with the intention of giving up ownership, and by taking possession of it with the intention of owning it, Fahd became its owner, unless a legal provision prevents this.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 641 of the Saudi Civil Transactions Law
Do I own something its owner throws away if I take it?
If its owner abandoned it with the intention of giving up ownership and no legal provision prevents it from being owned, it is permissible movable property, and whoever takes possession of it with the intention of owning it becomes its owner.
When is movable property considered permissible?
When no legal provision prevents it from being owned and it either has no owner or its owner has abandoned it with the intention of giving up ownership.
Is it enough to take something in order to own it?
No. The possession must be with the intention of owning, and the movable property must be permissible.
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The article defines an immovable as a thing fixed in its place that cannot be moved without damage or change in its form, everything else being movable, and treats a movable that its owner assigns to the service or exploitation of his immovable as an immovable by destination.
1- العقار كلُّ شيءٍ ثابتٍ في حيزه لا يمكن نقله منه دون تلفٍ أو تغيُّرٍ في هيئته، وما عدا ذلك فهو منقول. 2- يعدُّ عقارًا بالتخصيص المنقولُ الذي يضعه مالكه في عقا
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 112
The article provides that termination of a contract cannot be asserted against the contracting party's specific successor if he acquired a real right in good faith.
لا يحتج بفسخ العقد تجاه الخلف الخاص للمتعاقد إذا كسب حقًّا عينيًّا بحسن نية.
- Article 131
A building's keeper is liable to compensate for damage caused by the collapse of all or part of the building, unless he proves that it was not due to neglect of maintenance, age of the building or a defect in it.
يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
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لكل من كان مهدَّدًا بضررٍ من شيءٍ معيَّنٍ أن يطالب حارسه باتخاذ ما يلزم من التدابير لدرء خطره، فإذا لم يقم باتخاذ هذه التدابير في وقت مناسب فلمن يهدده الخطر أن
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.