A man had an underground water well on his land. The state came and took it from him against his will in exchange for a symbolic amount. Is it permissible for him to take from it without their knowledge?
Machine translationRead the Arabic original
The Shaykh : What appears to me, and Allah knows best,
The questioner: Yes.
The Shaykh : is that it is not permissible for him to take water from the well, which was originally his property.
The questioner: Yes.
The Shaykh : Then the state
The questioner: Yes.
The Shaykh : placed its hand upon it.
The questioner: Yes.
The Shaykh : And gave him something, as I said, symbolic. And this answer is based on his saying (peace be upon him):Jami` at-Tirmidhi 1264Da'if (Darussalam).
The questioner: Yes.
The Shaykh : So there is no doubt that the state wronged him.
The questioner: Yes.
The Shaykh : But it is not in the Shari'ah to respond to the state with what is not permissible in the first place, namely theft or betrayal.
The questioner: Yes.
The Shaykh : And the like of that. Therefore, the man bears what has befallen him, and in return he resorts to the lawful means—he demands of the state that this well is my right and you have taken it and controlled it, so at least allow me to take the water for free.
The questioner: Yes.
The Shaykh : Because the water is originally from my land.
The questioner: Yes.
The Shaykh : As for stealing it! Because one day his matter may be exposed.
The questioner : Yes.
The Shaykh : ... or he may be punished, and the cause of that would be this theft. I think my answer is clear? Clear?
The questioner : Yes, yes, may Allah bless you.
The Shaykh : And may He reward you.
The questioner : And the questioner heard.
Another questioner : ... I ask the brothers to raise the Shaykh's voice if there is no embarrassment.
The Shaykh : It is so, but it was a private question, it was a private question.
The questioner: Yes.
The Shaykh : is that it is not permissible for him to take water from the well, which was originally his property.
The questioner: Yes.
The Shaykh : Then the state
The questioner: Yes.
The Shaykh : placed its hand upon it.
The questioner: Yes.
The Shaykh : And gave him something, as I said, symbolic. And this answer is based on his saying (peace be upon him):
Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أدِّ الأمانة إلى مَن ائتَمَنَكَ ، ولا تَخُنْ مَن خانَكَThe questioner: Yes.
The Shaykh : So there is no doubt that the state wronged him.
The questioner: Yes.
The Shaykh : But it is not in the Shari'ah to respond to the state with what is not permissible in the first place, namely theft or betrayal.
The questioner: Yes.
The Shaykh : And the like of that. Therefore, the man bears what has befallen him, and in return he resorts to the lawful means—he demands of the state that this well is my right and you have taken it and controlled it, so at least allow me to take the water for free.
The questioner: Yes.
The Shaykh : Because the water is originally from my land.
The questioner: Yes.
The Shaykh : As for stealing it! Because one day his matter may be exposed.
The questioner : Yes.
The Shaykh : ... or he may be punished, and the cause of that would be this theft. I think my answer is clear? Clear?
The questioner : Yes, yes, may Allah bless you.
The Shaykh : And may He reward you.
The questioner : And the questioner heard.
Another questioner : ... I ask the brothers to raise the Shaykh's voice if there is no embarrassment.
The Shaykh : It is so, but it was a private question, it was a private question.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.