The discussion regarding the sale of usurped property.
Machine translationRead the Arabic original
The Shaykh : Is it permissible to sell usurped property? Yes? Absolutely?
The questioner : Except to the usurper.
The Shaykh : Yes, to the one who usurped it, with a condition.
The questioner : The condition is that he returns ... .
The Shaykh : With the condition that he does not prevent its owner from taking it except by selling it, is that right? Now, if he prevents him and says, "I will not give it to you, but I will give you its value," and he wants to give you its value ten times over, but the owner of the land refuses?
The questioner : It is not valid.
The Shaykh : Is it valid? If he does that?
The questioner : ... .
The Shaykh : Is the sale valid or not, if he says, "I will not give you the house that I usurped, but I will give you its value ten times over," and he says, "No, I do not want anything but my house," and he forces him to do so? Is the sale invalid because of the inability to deliver, or because of something else?
The questioner : Lack of consent.
The Shaykh : Lack of consent. Well done. May Allah bless you. Now, the second place where the sale of usurped property is valid? Mansur Mutayri?
The questioner : He is able to take it.
The Shaykh : He is able to take it. Well done. Perfect. Now, on what condition or on what text does this condition revolve? Adam?
The questioner : Yes?
The Shaykh : On what text does this condition revolve? That it is possible to deliver it. What is the evidence?
The questioner : It is not permissible ... .
The Shaykh : The evidence is "it is not permissible"? This is a ruling, Adam. Do you not know the difference between a ruling and evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)Jami` at-Tirmidhi 1378Sahih (Darussalam) .
The Shaykh : But this is not evidence.
The questioner : What Abu Hurayrah narrated from the Prophet (peace and blessings be upon him) that heSunan Abi Dawud 3376Sahih (Al-Albani)
The Shaykh : What Abu Hurayrah narrated from the Prophet (peace and blessings be upon him) that heSunan Abi Dawud 3376Sahih (Al-Albani) Look, most of the conditions of sale revolve around this hadith. Knowledge of the price and the item sold revolves around it, and the ability to deliver revolves around it. Now.
The questioner : Except to the usurper.
The Shaykh : Yes, to the one who usurped it, with a condition.
The questioner : The condition is that he returns ... .
The Shaykh : With the condition that he does not prevent its owner from taking it except by selling it, is that right? Now, if he prevents him and says, "I will not give it to you, but I will give you its value," and he wants to give you its value ten times over, but the owner of the land refuses?
The questioner : It is not valid.
The Shaykh : Is it valid? If he does that?
The questioner : ... .
The Shaykh : Is the sale valid or not, if he says, "I will not give you the house that I usurped, but I will give you its value ten times over," and he says, "No, I do not want anything but my house," and he forces him to do so? Is the sale invalid because of the inability to deliver, or because of something else?
The questioner : Lack of consent.
The Shaykh : Lack of consent. Well done. May Allah bless you. Now, the second place where the sale of usurped property is valid? Mansur Mutayri?
The questioner : He is able to take it.
The Shaykh : He is able to take it. Well done. Perfect. Now, on what condition or on what text does this condition revolve? Adam?
The questioner : Yes?
The Shaykh : On what text does this condition revolve? That it is possible to deliver it. What is the evidence?
The questioner : It is not permissible ... .
The Shaykh : The evidence is "it is not permissible"? This is a ruling, Adam. Do you not know the difference between a ruling and evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)
there is no right for the unjust root
ليس لعرق ظالم حقThe Shaykh : But this is not evidence.
The questioner : What Abu Hurayrah narrated from the Prophet (peace and blessings be upon him) that he
forbade the type of sale which involves risk (or uncertainty)
نهى عن بيع الغررThe Shaykh : What Abu Hurayrah narrated from the Prophet (peace and blessings be upon him) that he