Taking Possession of Others Land - Shaykh Zakaullah Saleem

Khutbah: Taking Possession of Others' Land

Indeed, all praise is due to Allah. We praise Him, seek His help, and seek His forgiveness. And we seek refuge in Allah from the evils of our souls and from the evils of our deeds.

Whomsoever Allah guides, none can misguide him, and whosoever He misguides, none can guide him. I bear witness that there is no god but Allah, alone, with no partner. And I bear witness that Muhammad is His servant and His Messenger.

O you who have believed, fear Allah as He should be feared. And you will not die except as Muslims.

O you who have believed, fear your Lord, Who created you from a single soul, and created from it a wife. And He spread among them many men and women. And fear Allah, with whom you ask for help and mercy. Indeed, Allah is ever watching over you.

O you who have believed, fear Allah and say a firm word. He will correct your deeds and forgive your sins. And whosoever obeys Allah and His Messenger has certainly attained a great victory.

The Need for Allah's Mercy

My dear respected brothers and sisters in Islam, we as Muslims feel that we are in need of the mercy of Allah all the time. This is the reason that Allah has obliged us to recite Surah Al-Fatihah in every single rak'ah of our Salah.

So when we recite Surah Al-Fatihah, within this Surah we make the mention of two beautiful names of Allah Dhul-Jalal wal-Ikram: Ar-Rahman and Ar-Rahim. It is the mercy of Allah that out of His wisdom, Dhul-Jalal wal-Ikram, He has chosen these two names to be part of Surah Al-Fatihah, in order to show us that whenever we stand before Allah Dhul-Jalal wal-Ikram, we bear in mind that we are in dire need of the mercy of Allah.

So a Muslim always feels that he is in need of the mercy of Allah Dhul-Jalal wal-Ikram. And when he feels that, when he believes that, he also tries to avoid the actions that can cause him to be cursed by Allah Dhul-Jalal wal-Ikram. Because the opposite of the mercy of Allah is the curse — which is known as لَعْنَة (la'na) — rahma and la'na.

And whoever is cursed by Allah, he is going to be punished in the dunya and akhirah. There are many actions that can cause a person to be cursed by Allah Dhul-Jalal wal-Ikram about which the Prophet ﷺ has warned us. I would like to highlight only one of them in today's khutbah.

The Hadith: Cursing the One Who Changes the Signs of the Land

And that is what is mentioned in the hadith of Ali ibn Abi Talib, may Allah be pleased with him, collected by Imam Muslim, may Allah have mercy on him. That the Prophet ﷺ said:

(Sahih Muslim, Book 22, Hadith 46 — narrated by 'Ali ibn Abi Talib)

"May Allah curse the person who changes the signs of the land."

Three Scholarly Interpretations of This Hadith

The scholars have interpreted this hadith in three different ways.

The first is that they said: the land in this hadith refers to the land of the Haramain. It is impermissible for anyone to change the boundaries or the signs of the boundaries of the Haram of Makkah or Madinah. This is one interpretation.

The second interpretation is: it is impermissible to change the signposts that guide people to find their ways. So if anyone damages them or changes them wrongfully in order to misguide people, then such a person deserves the curse of Allah Dhul-Jalal wal-Ikram — may Allah curse the person who changes the signs of the land in order to misguide people and make it difficult for them to find their ways and their paths.

The third interpretation — which is the most common one amongst the scholars — is: may Allah curse the person who changes the signs of the land, the signs that differentiate one's land from the land of his neighbor. So if you have agricultural land, or commercial land, or residential land, and you try to change the boundaries in order to take over a few feet or meters of the land of your neighbor, then such a person deserves the curse of Allah Dhul-Jalal wal-Ikram.

This is the most common interpretation of this hadith. And unfortunately, this is also the most common problem amongst us as well. People try to take over their neighbor's land by forging documents and presenting their cases in court. And if the court gives a verdict in their favor, they become so happy, saying: "I have a legitimate reason and I have all the documents that this land belongs to me."

A Court Verdict Does Not Make Haraam into Halaal

The Prophet ﷺ once said:

He ﷺ said: "Perhaps one of you comes to me and he is more eloquent in presenting his argument than his opponent, and I may be convinced by his argument and I may give my verdict in his favor. Then he should not believe that that land has become rightful for him — rather, in fact I have given him a portion of the fire of Hell."

Imagine — if the Messenger of Allah ﷺ gives a verdict just because of being convinced by the argument of someone who is able to present his argument in a very eloquent way, then it does not become rightful for him. And what about the person who forges documents, and takes his neighbor — or one of his relatives, or his siblings, or his children, or his parents, or someone around or within his family — to court in order to take over their land? This is zulm; this is oppression.

The Story of Sa'eed ibn Zayd and the Woman Who Made a False Claim

Imam al-Bukhari and Imam Muslim, may Allah have mercy on them, recorded a hadith on the authority of Urwa ibn al-Zubayr, may Allah be pleased with him, who says that a lady came to Marwan ibn al-Hakam — Marwan was the governor of Madinah during the time of Mu'awiyah, may Allah be pleased with him, and Yazid ibn Mu'awiyah. So she came to Marwan presenting her case, and she claimed that her neighbor had taken over her land, or a portion of her land.

And who was the neighbor? The neighbor was Sa'eed ibn Zayd, may Allah be pleased with him — Sa'eed ibn Zayd, one of the ten companions of the Prophet ﷺ who were given the glad tidings of Jannah by the tongue of Rasulullah ﷺ in this dunya. Where he ﷺ said: "Sa'eed ibn Zayd is in Jannah," without a doubt.

So she claimed against Sa'eed ibn Zayd, who was her neighbor, that her neighbor had taken over a portion of her land out of oppression. Marwan called Sa'eed ibn Zayd and asked him about it. Sa'eed ibn Zayd, may Allah be pleased with him, said: "How is it permissible — how is it even possible — for me to take over someone's land, whereas I heard the Messenger of Allah ﷺ giving us a severe warning?"

Marwan said: "What was the warning? What did you hear the Messenger of Allah ﷺ say?" He said: "I heard the Messenger of Allah ﷺ saying:"

"Whoever takes only a hand-span of land from someone unjustly and out of oppression, whereas he has no right over that land — whoever takes only a hand-span of land from someone — Allah will strangle him with seven earths on the Day of Judgment, in front of all of mankind."

He said: "How is it possible for me to take over someone's land after hearing this severe warning from the Messenger of Allah ﷺ?"

And then Sa'eed ibn Zayd, may Allah be pleased with him, made du'a against her. And he said: "O Allah, this lady has oppressed me. She tried to damage my reputation within the community and she tried to present me as an oppressor. So O Allah, I make du'a against her. O Allah, take away her sight, her eyesight. O Allah, destroy her and let her die within her land."

And the companions, رضوان الله عليهم أجمعين, they report that after Sa'eed ibn Zayd made this du'a against her, Allah took away her sight. And she used to walk in the streets of Madinah blind, touching the walls of the houses while walking, and she used to say: "The du'a of Sa'eed ibn Zayd against me has destroyed me."

And then the second du'a of Sa'eed ibn Zayd was also accepted against her — where he said: "O Allah, kill her within her land." She was walking within her land and there was a well — a water well. She fell into that well, and that well became her grave.

That is the punishment of those who try to take over the land of others — whether it is your sibling, your brother, your sister, or anyone from your relatives or non-relatives, from your neighbors. Be fearful of Allah. Be fearful of Allah Dhul-Jalal wal-Ikram. Have the taqwa of Allah. If you take over someone's land — only a hand-span — you will be punished on the Day of Judgment. And what about taking meters and acres of someone's land, whereas you know that it is not your land?

The Matter of Inheritance

And this applies to those who dispute on the matter of inheritance — and unfortunately this is also very common. For example, a father registers a land or property in the name of one of his children. Then the father passes away. And the child knows that this is not solely his land, not solely his property — after the father has passed away, the rest of his siblings are also entitled to their share of the inheritance. And he keeps that property with the excuse: "The father had given it to me in his lifetime. That's it, it's mine — he registered that property in my name." On the Day of Judgment he will be punished. Fear the punishment of Allah Dhul-Jalal wal-Ikram. Do not try to take over someone's land.

The Rights of Sisters and Daughters in Inheritance

And it also applies to those who try to take over the lands of their sisters and daughters when it comes to the matter of inheritance — again, something that is very common within our community, and particularly amongst the Asian community. That after the father passes away, when it comes to the distribution of the inheritance, the brothers actively approach the sisters and ask them — with ill intention — "Do you want your share in the inheritance?" Out of embarrassment, the sisters say: "No, it's okay, you can keep it."

And the brother feels that now it has become legitimate for him to keep the property or the share of the inheritance of his sister. But this is dhulm. Because she knows that if she demands her share in the inheritance, she will be deprived, the doors of the brother's home will be closed on her, and she will be pushed away. That is why, out of embarrassment, she says it is okay.

Why don't you do it the other way around? Why don't you approach your sister and say: "My dear sister, I want to give my share of the inheritance to you — please accept it." Why don't you do this? Because you have the ill intention of taking over your sister's right. May Allah forgive us all. May Allah give us tawfiq and ability to rectify our matters in the dunya.

The Severest Case: Taking the Wealth of Orphans

And the most severe part of this is when someone takes over the land and the property of the orphans. Someone within your relatives has passed away and he has left behind orphans. And you take advantage of their vulnerability and take over their property, thinking and believing that they can't do anything against you. Allah said in the Quran:

Those who eat up the wealth of the orphans unjustly — in reality they fill their bellies with the fire of Hell.

Fear the Du'a of the Oppressed

May Allah give us tawfiq and ability to stay away from the rights of others. May Allah give us all hidayah and tawfiq. If you have taken over someone's right, then that person becomes mazloom and oppressed in the sight of Allah. And if that person makes du'a against you, his du'a will be accepted — just as the du'a of Sa'eed ibn Zayd was accepted against that lady.

Rasulullah ﷺ said:

"Be fearful of the du'a of the mazloom — the du'a of the oppressed against you. For verily there is no barrier between the du'a of the mazloom and Allah."

In another hadith, the Prophet ﷺ said that Allah replies to the du'a of the oppressed and says: "I will definitely answer your du'a, even after a while."

In another hadith, the Prophet ﷺ said: "Be fearful of the du'a of the oppressed against you. Because there is no barrier between this du'a and Allah." And he ﷺ added: "Even if the oppressed is a disbeliever, even if he is a kafir." You cannot take away someone's right in any form or shape. Be fearful of the du'a of the mazloom and oppressed.

Conclusion: Avoid the Actions That Draw the Curse of Allah

And finally, my dear brothers and sisters in Islam, you should always bear in mind that we must try our best to stay away from the sins that can cause a person to be cursed by Allah. Because those who are cursed by Allah, Allah says in the Quran:

Whoever is cursed by Allah, you will never find any assistant or any helper for them. And the curse of Allah means that the person is pushed away from the mercy of Allah. And as was said at the start, as Muslims, we are in dire need of the mercy of Allah.

May Allah shower His mercy upon us. May Allah forgive our sins. May Allah give us tawfiq and ability to stay away from all types of sins, and particularly the sins that can cause us to be cursed by Allah.

Indeed, Allah and His angels send blessings upon the Prophet. O you who have believed, send blessings upon him and give him peace.

O Allah, send blessings upon Muhammad and his family. Our Lord, give us good in this world and good in the Hereafter, and protect us from the punishment of the Fire.

Exalted is your Lord, the Lord of Glory, above what they describe. And peace be upon the messengers. And praise be to Allah, Lord of the worlds.