The Difference Between Exclusive Use and Ownership in Land Grants
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, a land grant confers exclusive use but not ownership, unless the recipient revives the land. What is the difference between exclusive use and ownership in terms of rulings?
The Shaykh:
Ownership allows a person to sell, gift, bequeath, or inherit the land upon his death. Exclusive use, however, does not permit selling, gifting, or inheritance upon death, unless the land is gifted by one’s father. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
Also, the one in authority has the right to grant the land to a liar if the original owner does not revive it, or if he does not cultivate it. That is, the one in authority gives it to whoever will revive it and benefit from it, and derive profit from it. Yes.
Honorable Shaykh, a land grant confers exclusive use but not ownership, unless the recipient revives the land. What is the difference between exclusive use and ownership in terms of rulings?
The Shaykh:
Ownership allows a person to sell, gift, bequeath, or inherit the land upon his death. Exclusive use, however, does not permit selling, gifting, or inheritance upon death, unless the land is gifted by one’s father. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
Also, the one in authority has the right to grant the land to a liar if the original owner does not revive it, or if he does not cultivate it. That is, the one in authority gives it to whoever will revive it and benefit from it, and derive profit from it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 113 من 175 /شرح بلوغ المرام/البيوع/إحياء الموات/صالح الفوزان/الحديث/كبار العلماء — youtube.com (39:13)
The Arabic text is a machine transcription of the audio recording.