He narrated that he said: The Messenger of Allah (peace and blessings of Allah be upon him) forbade luxury and overindulgence (48) in one's family (49) and wealth. Then Abdullah said: What then of the wealth in Baradhan (50), and such and such (51)! This indicates that he had wealth in Baradhan (50), and because it is their land, its sale is permissible. It was narrated from Ahmad that he said: If purchasing is easier, a man may purchase what suffices him and makes him independent of others, for he is one of the Muslims. He disliked the sale of the lands of al-Sawad. He only granted a concession for purchasing—and Allah knows best—because some of the Companions purchased, and no sale was heard of from them. Furthermore, purchasing is a method of acquiring land, so he stands in the place of the one who held it; whereas selling is taking compensation for that which one does not own and is not entitled to, thus it is not permissible.
As for our evidence, it is the consensus of the Companions, may Allah be pleased with them. It was narrated from Umar, may Allah be pleased with them, that he said: "Do not purchase the slaves of the People of the Covenant (Dhimmi), nor their land (52)." Al-Sha'bi said: Utbah ibn Farqad purchased land on the banks of the Euphrates to cultivate reeds, and he mentioned this to Umar, who asked: "From whom did you purchase it?" He replied: "From its owners." When the Emigrants (Muhajirun) and the Helpers (Ansar) gathered, he said: "These are its owners; did you purchase anything from them?" He said: "No." He replied: "Then return it to the one from whom you purchased it and take back your wealth (53)." This is the statement of Umar in the presence of the Emigrants and the Helpers, in the presence of the leaders and Imams of the Companions, and it was not challenged, thus it became a consensus. There is no way to establish a consensus stronger than this or the likes of it, for there is no way to transmit the opinion of all the Companions on an issue, nor to transmit the opinion of the ten, and consensus is not found except in the widespread opinion.
(48) In A, B, and M: "al-safar" (travel). This is an error. "Al-tabaqqur" means expansion and indulgence. (49) In the original, A, and M: "al-ard" (the land). The established reading in B, the Musnad, and Gharib al-Hadith is "al-ahl". (50) In the manuscripts: "Bazadan". The established reading in the Musnad and al-Gharib is "Baradhan", which is a village in the outskirts of Medina. Yaqut mentioned that it appears in the hadith of Abdullah ibn Mas'ud. Mu'jam al-Buldan 2/730. (51) Reported by Imam Ahmad in: al-Musnad 1/439. Abu Ubayd mentioned it in Gharib al-Hadith 2/51, 52. (52) Reported by Ibn Abi Shaybah in: Chapter on purchasing kharaj land, from the Book of Sales and Judicial Decisions. Al-Musannaf 6/211. Also by Abd al-Razzaq: in Chapter on how much is taken from them in jizyah, and Chapter on the Muslim who purchases the land of a Jew then it is taken from him or he converts, from the Book of the People of the Two Books. Al-Musannaf 10/330, 337. (53) Al-Amwal 87.
