Discussion regarding the sale of lands in Sham and Egypt.
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The Shaykh : What is the meaning of the author's statement, "And what is not sold, other than dwellings, of that which was conquered by force", Ahmad?
The questioner : ... that only dwellings are to be sold, as for lands, they are not to be sold.
The Shaykh : Only dwellings are to be sold?
The questioner : Only dwellings, as for the land, it is to be rented out.
The Shaykh : Only dwellings are to be sold?
The questioner : Only dwellings.
The Shaykh : Yes, very well. Why?
The questioner : Because when 'Umar ibn al-Khattab conquered them, he saw that if he divided them among the spoils-takers, it would deprive the coming generations, so he saw that he should endow them and impose a land tax on them ... .
The Shaykh : Very well, is this a matter of scholarly consensus, O 'Abd?
The questioner : It is not a matter of scholarly consensus.
The Shaykh : Yes, what is the stronger position in this?
The questioner : ... that they are to be sold.
The Shaykh : That they are to be sold, and this is what the practice is upon without objection, meaning the Muslims are still buying and selling lands in Sham, Egypt, and Iraq without objection.
The questioner : ... that only dwellings are to be sold, as for lands, they are not to be sold.
The Shaykh : Only dwellings are to be sold?
The questioner : Only dwellings, as for the land, it is to be rented out.
The Shaykh : Only dwellings are to be sold?
The questioner : Only dwellings.
The Shaykh : Yes, very well. Why?
The questioner : Because when 'Umar ibn al-Khattab conquered them, he saw that if he divided them among the spoils-takers, it would deprive the coming generations, so he saw that he should endow them and impose a land tax on them ... .
The Shaykh : Very well, is this a matter of scholarly consensus, O 'Abd?
The questioner : It is not a matter of scholarly consensus.
The Shaykh : Yes, what is the stronger position in this?
The questioner : ... that they are to be sold.
The Shaykh : That they are to be sold, and this is what the practice is upon without objection, meaning the Muslims are still buying and selling lands in Sham, Egypt, and Iraq without objection.