Continuation of the explanation of the author's statement: "And what is conquered by force, other than dwellings, such as the land of Sham, Egypt, and Iraq, is not sold, but rather rented out."
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The Shaykh : The author's statement "And what is conquered by force, other than dwellings, is not sold" implies that it is permissible to sell the dwellings of what was conquered by treaty.
The questioner : ... .
The Shaykh : Is that so? The sale of land and dwellings from what was conquered by treaty is permissible, and that is indeed the case. This is because the land of the enemy is either conquered by force, or conquered by treaty on the condition that it belongs to them and we agree to leave it with them in exchange for the land tax, or conquered by treaty on the condition that it belongs to us. If it belongs to them, it is their property and they may dispose of it as they wish. If it belongs to us, it is our property and we may dispose of it as we wish. This is if it was a treaty. As for what is conquered by force, you have already known its ruling.
The questioner : ... .
The Shaykh : Is that so? The sale of land and dwellings from what was conquered by treaty is permissible, and that is indeed the case. This is because the land of the enemy is either conquered by force, or conquered by treaty on the condition that it belongs to them and we agree to leave it with them in exchange for the land tax, or conquered by treaty on the condition that it belongs to us. If it belongs to them, it is their property and they may dispose of it as they wish. If it belongs to us, it is our property and we may dispose of it as we wish. This is if it was a treaty. As for what is conquered by force, you have already known its ruling.