I bought a piece of land from my father, and the neighbors of this land encroached on my land, taking a small portion of it. So my father, without informing me, filed a case against them.

The questioner: Previously, I bought a piece of land from my father. He had a large piece of land, so I bought twenty dunums from it. Then the neighbors of this land encroached on my land and took a small portion of it. So my father, without informing me, brought a lawyer who warned them, and a land surveyor came to define the area they took. It was agreed that he would sell them the piece of land they encroached upon to avoid problems and court cases, and he accepted a low price. Of course, all of this was done without informing me. The land is not registered; I left it in his name, but I have a document from him with witnesses stating that this land is my property. So he sold the encroached-upon portion for a low price. The price he received went toward the rent for the surveyor, the rent for the lawyer, and various expenses. He sent me a statement of expenses: phone calls, this and that for the lawyer, and this and that for the shop, a nominal amount, nothing left over. So, of course, I was upset. When I said, "Father, why did you do that?" he said, "You are far away and do not know. I am here, close to the people, I know their problems, and to avoid court cases, and these people today have power, and whoever puts his hand on the land..." From this perspective, what is my position in this situation? Should I tell him, "Give me the equivalent of the land they cut off from the land you sold me, because you did not consult me"? Of course, I did not demand this from him, but what is my position in such a circumstance? Of course, I was angry, but the matter was done and finished.

The Shaykh: Your position, if Allah wills, is in light of the hadith It is not permissible for you to demand anything from him... Please proceed.
Umar al-Ashqar: The hadith of the woman who argued, which occurred between Ibn Umar and his father, Umar ibn al-Khattab, concerning financial rights when he was in Sham. The governor there gave him money, so he bought with it and then sold it in Madinah and made a profit. In the end, the Companions said, "Make it a profit-sharing partnership." So Umar ibn al-Khattab objected and did not obey when he was told to pay; he did not obey him regarding financial rights. Similarly, when one of the Companions placed money in the mosque with a person to be given in charity or to be distributed, he gave it to his son. They disputed and went to the Messenger (peace and blessings be upon him). He said, "By Allah, O Messenger of Allah, I did not intend that; I did not intend to give the money to my son." The Messenger (peace and blessings be upon him), as I recall in the hadith, said .

The Shaykh: This is the story of Ma'in.
Umar al-Ashqar: Ma'in ibn Zayd. In financial cases, if there are rights between a father and his son, it is true that the matter does not reach a great degree, but especially if it concerns land rights and involves brothers and heirs later on, and so on. In such matters, in my opinion, the Companions did not...

The Shaykh: In my opinion, the matter does not have this complexity. This is between the son and the father.
Umar al-Ashqar: Yes, meaning, since the land is large and I took twenty dunums from a large piece of land, 20 to 30 dunums, calculate the dunums from your side and calculate what I took, especially since do not forget that the land is still common property between him and his father, meaning it has not been divided.

The questioner: It has not been divided; the land I took is defined. Its location.
Umar al-Ashqar: But did the state define it?

The questioner: It is defined, but it is still registered in the father's name.
Umar al-Ashqar: It is still in the father's name; that is what I mean.

The questioner: ... and he received the price.

The Shaykh: But I do not think, Professor Umar, that the issue of registration advances or delays or changes the Islamic ruling that a person arrives at, because these matters are incidental, as you know, and the intention behind them is to preserve rights that might be lost among people. But here, as you say, between you and your support, there is no stranger involved.