Explanation of the author's statement: "And what is not dwellings from what was conquered by force, such as the land of Sham, Egypt, and Iraq, is not sold, but rather rented out."
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The Shaykh : Then the author said, as a consequence of the condition that the seller must be the owner, "And what is not dwellings from what was conquered by force, such as the land of Sham, Egypt, and Iraq, is not sold". His statement "And what is not dwellings is not sold"—the dwellings include the building and the land; they include the structure and the ground. The structure is the dwelling, and the land is the bare land with no building on it, or the land on which the building was constructed. If one sells this land or these dwellings along with the land, the sale is invalid. However, if one sells the dwellings, the sale is valid in lands that were conquered by force. "Conquered by force" means by compulsion and strength, like the land of Sham. When scholars mention Sham, it includes Syria, Palestine, Jordan, and everything north of the Arabian Peninsula. In the land of Sham, only dwellings are sold, while the land itself is not sold—pay attention and do not be surprised. Why are the lands in Sham, Egypt, and Iraq not sold? Because 'Umar (may Allah be pleased with him) endowed them, and an endowment is not sold. When 'Umar (may Allah be pleased with him) conquered these cities, he saw that dividing them among the spoils-takers would deprive future generations of Muslims, so he said, "I will endow them and impose a land tax on them", meaning like a rent, to be taken from them every year. This was his opinion (may Allah be pleased with him), and it became an endowment, and an endowment is not permissible to sell. This is the position the author followed, which we will establish, if Allah wills. The important point is that we have understood that in Egypt, Sham, and Iraq, the lands are not sold, only the dwellings are sold. Why? Because the dwellings are the property of the resident; he is the one who established and built the structure until it was completed, so he has the value of the structure he built, and the contract on it is valid. As for the land, no. Well, this is what...
He said, "But rather it is rented out". Now, praise be to Allah, the door is not closed. We say: do not sell it, but rent it out, and the rent is yours, because the rent is in exchange for the benefit, not in exchange for the asset itself. Therefore, renting it out is permissible, while selling it is not. This opinion is very weak, and the correct view is that selling it is lawful, permissible, and valid, whether it is dwellings or lands. The buyer takes the place of the seller in paying the land tax imposed on the land. Now, does the land tax exist or not?
The questioner : It does not exist.
The Shaykh : It does not exist. Now, there is no land tax, no endowment, and nothing else. However, we must understand the legal ruling. As for the actual situation, people are buying and selling lands, dwellings, and gardens without objection, and it is almost a consensus. For this reason, this opinion is considered very weak, and the correct view is the permissibility of selling dwellings and land. Yes, and the new buyer takes the place of the seller in paying the land tax. Then, this endowment is not a specific endowment such that we would say specific endowments are not sold unless their benefits are discontinued. This is a general endowment for Muslims in general, so it has no specific beneficiary. If that is the case, preventing Muslims from trading it through sale is among the most difficult things for people, and removing hardship is known in Islamic law.
He said, "But rather it is rented out". Now, praise be to Allah, the door is not closed. We say: do not sell it, but rent it out, and the rent is yours, because the rent is in exchange for the benefit, not in exchange for the asset itself. Therefore, renting it out is permissible, while selling it is not. This opinion is very weak, and the correct view is that selling it is lawful, permissible, and valid, whether it is dwellings or lands. The buyer takes the place of the seller in paying the land tax imposed on the land. Now, does the land tax exist or not?
The questioner : It does not exist.
The Shaykh : It does not exist. Now, there is no land tax, no endowment, and nothing else. However, we must understand the legal ruling. As for the actual situation, people are buying and selling lands, dwellings, and gardens without objection, and it is almost a consensus. For this reason, this opinion is considered very weak, and the correct view is the permissibility of selling dwellings and land. Yes, and the new buyer takes the place of the seller in paying the land tax. Then, this endowment is not a specific endowment such that we would say specific endowments are not sold unless their benefits are discontinued. This is a general endowment for Muslims in general, so it has no specific beneficiary. If that is the case, preventing Muslims from trading it through sale is among the most difficult things for people, and removing hardship is known in Islamic law.