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Fatwa CenterRuling on renting an usurped estate
Question
A man took and rented an estate from the government after it had been usurped from another person. After working in it for long years, the real owner of the estate came and demanded from the tenant to leave it in return for a certain sum so that he would rent it from the government, thereby obtaining benefit, since the government rents it for a very small payment. What is the validity of this transaction? Is it valid under Sharee‘ah to accept that sum of money from him?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
People's possessions have great sanctity, and to encroach upon their property is indeed like committing a transgression against their lives and honor. It was narrated in an authentic Hadeeth that the Prophet, sallallaahu ‘alayhi wa sallam, said: "Your blood, properties and honor are as inviolable to one another as is the inviolability of this day of yours, in this month of yours, in this town of yours." [Al-Bukhari and Muslim]
Hence, if it is true that the government has taken over the estate of a certain person, with no just cause under Sharee‘ah, this act should be regarded an unlawful usurpation, and it is impermissible for anyone to benefit from that usurped estate, without the consent of its legal owner, due to the statement mentioned above and another statement of the Prophet, sallallaahu ‘alayhi wa sallam, narrated on the authority of Anas: "No property of a Muslim becomes lawful (for anyone) without his good pleasure." [Ad-Daaraqutni]
Thereupon, it is obligatory for the one who has benefitted from that estate in the way mentioned in the question to seek the consent of its real owner and his permission to make it lawful for him throughout the past years. It is, a fortiori, due on him to leave it for him for no return. Which right does he have in this estate in order to take a sum of money in return for leaving it for its real owner?
Allaah Knows best.
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