The discussion regarding the sale of houses in Sham and Makkah.
Machine translationRead the Arabic original
The Shaykh : What do you say about a man who has agricultural land in Sham? Is it permissible for him to sell it or not?
The questioner : The school of thought says it is not permissible.
The Shaykh : The school of thought says it is not permissible. Why?
The questioner : ... .
The Shaykh : Because it was conquered by force and 'Umar ibn al-Khattab endowed it for the Muslims. Now, the second opinion in this issue, Abdullah?
The questioner : It is valid.
The Shaykh : That it is valid and that is what is acted upon. Yes, and this is what has been acted upon for a long time, to the point that the author of *Al-Insaf* says that this is what is acted upon in our time, and it is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), and it is the correct opinion.
A man has a house in Makkah. Is it permissible to sell it or not? Yes?
The questioner : It is not permissible.
The Shaykh : It is not permissible to sell it. So what does he do with it?
The questioner : ... .
The Shaykh : ... and he is the one who built it and established it.
The questioner : If he no longer needs it, he leaves it.
The Shaykh : He leaves it. Yes, what is the second opinion?
The questioner : The second opinion is that ... .
The Shaykh : Is it permissible to lease it without selling it? Abdullah?
The questioner : It is permissible to sell it without leasing it.
The Shaykh : That is the opposite of what ... said, and it is the correct opinion. No one has said that it is permissible to lease it without selling it.
The questioner : The opposite.
The Shaykh : Now, this is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). There is a long and extensive disagreement in this issue, and people have acted for a long time on the basis that it is permissible to sell and lease it. But whoever is scrupulous and cautious and says, "I do not take ownership in Makkah; if I need rent, I pay the rent, and if I do not need it, I am safe."
The questioner : The school of thought says it is not permissible.
The Shaykh : The school of thought says it is not permissible. Why?
The questioner : ... .
The Shaykh : Because it was conquered by force and 'Umar ibn al-Khattab endowed it for the Muslims. Now, the second opinion in this issue, Abdullah?
The questioner : It is valid.
The Shaykh : That it is valid and that is what is acted upon. Yes, and this is what has been acted upon for a long time, to the point that the author of *Al-Insaf* says that this is what is acted upon in our time, and it is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), and it is the correct opinion.
A man has a house in Makkah. Is it permissible to sell it or not? Yes?
The questioner : It is not permissible.
The Shaykh : It is not permissible to sell it. So what does he do with it?
The questioner : ... .
The Shaykh : ... and he is the one who built it and established it.
The questioner : If he no longer needs it, he leaves it.
The Shaykh : He leaves it. Yes, what is the second opinion?
The questioner : The second opinion is that ... .
The Shaykh : Is it permissible to lease it without selling it? Abdullah?
The questioner : It is permissible to sell it without leasing it.
The Shaykh : That is the opposite of what ... said, and it is the correct opinion. No one has said that it is permissible to lease it without selling it.
The questioner : The opposite.
The Shaykh : Now, this is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). There is a long and extensive disagreement in this issue, and people have acted for a long time on the basis that it is permissible to sell and lease it. But whoever is scrupulous and cautious and says, "I do not take ownership in Makkah; if I need rent, I pay the rent, and if I do not need it, I am safe."
