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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on swearing an oath of not owning any real estate to obtain land

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Question:
The municipality announced that it will distribute land, and it made it a condition to swear that one does not own any real estate or land. I do not have any property. Should I swear to that?

Answer:
It is obligatory for the subjects to adhere to what the state says within the limits of the Shari'ah and independent legal reasoning. So if the state says: "We give from social security to one who has such and such a description," then the subjects must adhere to that, and they are not allowed to lie or use stratagems to say: "This woman is poor," when she is not poor, or "this man is poor," when he is not poor, or "she is divorced," when she is not divorced. That is not permissible.
He is not allowed to lie, and he is not allowed to... swear falsely that he has no house and no land, when he is lying. He is not allowed to do that; because the state has its own independent legal reasoning and justification for this, and there is no impediment for it to impose this condition. So if he has a house or land, he does not do it and does not swear. And if they ask him to swear, it is not permissible for him to swear. It is not permissible for him to swear and say: "By Allah, I have no land," when he is lying, or "By Allah, I have no house," when he is lying. But if he is truthful and has no land and no house, then there is no blame on him; he swears and there is no blame on him.

Question: To complete the question, he says: He has one piece of land, which was given to him ten years ago, but he does not know where it is, nor its location, and he is unable to dispose of it. Is it possible for him to swear on this basis?
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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