The ruling on one who sold land and then sought to take it back unjustly
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This is a letter from the questioner Muhammad Khalaf, from the Republic of Iraq, Tameem Governorate, Hawijjah District. He says in his letter: I sold a piece of land I owned for a specific amount, and after seven years I came to need this land, so I wanted to pay the buyer the purchase price and take it back, but he refused. After I presented the matter to the local authority, they ordered him to relinquish the cultivation of the land, citing that he did not have a legal document for it, and therefore it is legally mine. However, I am waiting for the ruling of the Shari'ah. What do you rule for me, knowing that I am willing to concede to him the harvest of the orchard he planted on one dunum of it for ten years?
Answer: As long as, my brother, you acknowledge that you sold it to him, you have no right to take it from him except with his consent, either as a gift or by purchase. As for taking it from him by force or by the authority, that is injustice and aggression, even if the authority helps you; in that case, the authority is unjust with you. It is not permissible for you to take it by injustice and by the force of the authority through invalid laws and defective opinions. No, rather, it is obligatory for you to respect the sale that took place from you and leave it in the hand of its legal owner, and Allah will give you something better than it and better than it [al-Talaq:2] .. [al-Talaq:4] unless he consents to sell it to you for the capital, or less, or more, or gives it to you as a gift, in which case there is no harm. As for injustice, no. The Prophet (peace and blessings be upon him) said: Sahih Muslim 2578 And he (peace and blessings be upon him) said: Sahih Muslim 1679b So fear Allah and beware. Yes.
The presenter: May Allah reward you with good.
Answer: As long as, my brother, you acknowledge that you sold it to him, you have no right to take it from him except with his consent, either as a gift or by purchase. As for taking it from him by force or by the authority, that is injustice and aggression, even if the authority helps you; in that case, the authority is unjust with you. It is not permissible for you to take it by injustice and by the force of the authority through invalid laws and defective opinions. No, rather, it is obligatory for you to respect the sale that took place from you and leave it in the hand of its legal owner, and Allah will give you something better than it and better than it
And whoever fears Allah - He will make for him a way out
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًاAnd whoever fears Allah - He will make for him of his matter ease.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًاBe on your guard against committing oppression, for oppression is a darkness on the Day of Resurrection
اتقوا الظلم فإن الظلم ظلمات يوم القيامةVerily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours.
إن دماءكم وأموالكم وأعراضكم عليكم حرام كحرمة يومكم هذا، في شهركم هذا، في بلدكم هذاThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
