Fencing land with a car and another person fencing it
Machine translationRead the Arabic original
The questioner:
He says: A person fenced a piece of land with a car.
The Shaykh:
I mean, do you mean you caught up with them? Yes.
The questioner:
He says: He has a specific claim to it, but if a person comes and fences this land with a wall
The Shaykh:
or his intention is, say, a car, meaning a dump truck that brings dirt and he encloses it with it. Yes. We want to find a way out for him. Yes.
The questioner:
Then a person came and fenced this land with a strong wall. To whom does this land belong?
The Shaykh:
No, it is not permissible for the one who fenced it, because as long as the first person was there first, the claim belongs to the first one, and it is not permissible to encroach upon his brother's exclusive right. Yes.
He says: A person fenced a piece of land with a car.
The Shaykh:
I mean, do you mean you caught up with them? Yes.
The questioner:
He says: He has a specific claim to it, but if a person comes and fences this land with a wall
The Shaykh:
or his intention is, say, a car, meaning a dump truck that brings dirt and he encloses it with it. Yes. We want to find a way out for him. Yes.
The questioner:
Then a person came and fenced this land with a strong wall. To whom does this land belong?
The Shaykh:
No, it is not permissible for the one who fenced it, because as long as the first person was there first, the claim belongs to the first one, and it is not permissible to encroach upon his brother's exclusive right. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 41 من 69/شرح أخصر المختصرات/ البيع والمعاملات/ الشفعة، الوديعة,إحياء الموات/الشيخ صالح الفوزان/فقه — youtube.com (57:35)
The Arabic text is a machine transcription of the audio recording.