Section: It is not permissible to purchase anything from waqf (endowed) land, nor to sell it, according to the opinion of the majority of scholars; among them are Umar, Ali, Ibn Abbas, and Abdullah ibn Amr (42), may Allah be pleased with them. This was also narrated from Abdullah ibn Mughaffal (43), Qabisah ibn Dhu’ayb, Muslim ibn Mishkam (44), Maymun ibn Mihran, al-Awza'i, Malik, and Abu Ishaq al-Fazari (45). Al-Awza'i stated: "The Imams of the Muslims have never ceased prohibiting the purchase of land subject to jizyah (land tax), and their scholars have considered it disliked (makruh)." Al-Awza'i also said: "The view of Umar and the Companions of the Prophet (peace and blessings of Allah be upon him) converged, when they conquered the Levant (al-Sham), on leaving the inhabitants of the villages in their villages with whatever of their land they held in their possession; they would cultivate it and pay its land tax to the Muslims. They held that it was not proper for any Muslim to purchase land in their possession, whether willingly or under duress." They disliked this due to the consensus of Umar and his Companions regarding lands (46) restricted for the benefit of the later generations of this Ummah of Muslims; it is neither sold nor inherited, serving as a source of strength for the struggle (jihad) against those of the polytheists who have not yet been conquered. Al-Thawri said: "If the Imam confirms the inhabitants of lands conquered by force (anwah) in their land, they may inherit and sell it among themselves." A similar report was narrated from Ibn Sirin and al-Qurtubi, based on what Abd al-Rahman ibn Yazid narrated, that Ibn Mas'ud purchased land from a dihqan (landed nobility) on the condition that he [the dihqan] would suffice him the land tax due upon it (47). And it was narrated...
(42) In A and M: "Umar". (43) Abdullah ibn Mughaffal ibn Abd Ghanam al-Muzani, one of the Companions of the Tree (Bay'at al-Ridwan), and one of the ten whom Umar sent to Basra to instruct the people in jurisprudence. He died there in the year fifty-nine. Asad al-Ghabah 3/398, 399. (44) In A and M: "Muslim" (is a distortion/error). He is Muslim ibn Mishkam al-Khuza'i al-Dimashqi, the scribe of Abu al-Darda', a reliable (thiqah) Tabi'i. Tahdhib al-Tahdhib 10/138, 139. (45) Ibrahim ibn Muhammad ibn al-Harith, the reliable and trustworthy Imam; he died in the year one hundred and eighty-five. Tahdhib al-Tahdhib 1/151-153. (46) In A and M: "al-ard" (the land). (47) Al-Amwal by Abu Ubayd, 78.