Usurped Wealth
প্রশ্ন · Question
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
Our Honourable Sheikh,
It is known that the whole of the land of Palestine is usurped by the
Jews, and there is a lot of usurped real estate and lands and their real
owners are unknown. Some of these land ownerships are given by
the Jewish state for individuals or companies to invest in them with
their own projects. I live in Palestine and I was offered to rent a
property (a commercial shop) in a building owned by a Jewish person
on usurped land in a village in Palestine, and the owners of this land
are unknown (they are either refugees or displaced).
Is it permissible to rent this property? If the real owners of the land
are unknown, is the ruling different?
Or is it treated as a usurped land, and it is not permissible to utilize in
a sale, purchase, or lease?
May Allah bless you, our honourable Sheikh, and gives you physical
strength and increase in your knowledge, and may the victory be by
your hands.
উত্তর · Answer
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
My brother, the usurped wealth belongs to its owner, so it is not
permissible to purchase or rent it from the usurper; the details are as
follows:
The stolen or usurped wealth belongs to the owner wherever he
finds it. Ahmad narrated on the authority of Samra that he said: The
Messenger of Allah ﷺ said:
حَقُّ بِهِ، وَيَ
َ
وْ ضَاعَ لَهُ مَتَاعٌ، فَوَجَدَهُ بِيَدِ رَجُلٍ بِعَيْنِهِ، فَهُوَ أ
َ
«رْجِعُ
ِي عَلََ الْبَائِعِ بِالثَّمَنِ
الْمُشْي َ
If a man’s luggage was stolen from him, or he lost his luggage, and
found it by a certain man, he has more right over it than that man,
and the buyer must return to the seller the price”. This text says that
the stolen wealth belongs to its owner. The Prophet ﷺ also said:«عَلََ
خَذَتْ حَن َّ تُؤَدريَ
َ
اليَدِ مَا أ » “The hand should give back what it took”,
(Narrated by Tirmidhi and he said its Hassan Hadith). This is regarding
the usurped wealth.
And so, whoever usurped a land has committed a crime and a severe
sin. This is due to the Hadith:
«من ظلم قِيدَ شيٍْ من الْرض طوّقه من سبع أرضيْ » “Whoever commits
injustice over an inch of land; each one of the seven earths will
surround him (strangle his neck on the Day of Judgment)” (Narrated
by Muslim from the Hadith of Aisha (ra)). In other words, whoever
has usurped any of the land, big or small, deserves Ta’zir punishment,
and must give back what he took in the state when it was usurped in
to its owner; this is due to the saying of the Prophet ﷺ:
«خَذَتْ حَن َّ تُؤَدريَ
َ
عَلََ اليَدِ مَا أ » “The hand should give back what it took”
(Narrated by Tirmidhi). If the usurped item is damaged by the
usurper or was changed, like if he cut a cloth, or smelted the molten
metal, or slaughtered an animal, the usurper must guarantee its
value.
Therefore, if you know that the thing is stolen or usurped, do not buy
it, do not rent it, and if you suspect it is usurped, then do not buy it.
The Messenger ﷺ says:«دَعْ مَا يَرِيبُكَ إِلََ مَا لََ يَرِيبُكَ » “Leave that which
makes you doubt for that which does not make you doubt” (Narrated
by At-Tirmidhi from Al -Hassan Bin Ali (ra). At -Tirmidhi said: this is a
Sahih Hassan Hadith).
Therefore, as long as you are sure that it is usurped, whether you
know the owner or not, what is important is to be sure that it is
usurped. You are not permitted to rent it out because the usurper
does not own it and, therefore, cannot make a contract with you.
So, Allah forbade that rent, so look for another property to rent out,
and may Allah bless it for you and that it will be good for you in your
Deen and Dunya, and whatever that usurped property is, do not
regret not taking it. May Allah be with you.
Your brother,
Abu Yasin
20 Jumada Al-Akhir 1439 AH
08/03/2018 CE