Is it permissible to buy or sell land that has been set aside as Waqf (endowment)?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
The sale or purchase of land designated as Waqf is not permissible, according to the opinion held by the majority of scholars, including companions such as Umar, Ali, Ibn Abbas, and Abdullah ibn Umar. This view is further supported by scholars like Al-Awza'i, Malik, and Abu Ishaq al-Fazari. Al-Awza'i asserts that the leaders of the Muslims consistently prohibited the purchase of *Jizya* land, which was agreed upon by Umar and the Companions upon conquering the Levant—they confirmed the villagers in their holdings so they could cultivate it and pay the *Kharaj* (land tax) to the Muslims. The prohibition against Muslims purchasing this land was established to keep these lands as an endowment for the later generations of Muslims to use as a resource for Jihad against remaining polytheists, ensuring the land is neither sold nor inherited.
Supporting text
Al-Thawri and reports attributed to Ibn Sirin and Al-Qurtubi suggest that if the Imam confirms the conquered people in their lands, they may inherit and trade them. This is based on the narration where Ibn Mas'ud purchased land from a *Dihqan* (landowner) on the condition that he would cover the *Jizya* for him. Some scholars argue that Ibn Mas'ud's mention of purchasing property (*mal*) implies permissibility, although others interpret his use of the term 'purchase' (*ishtira*) as 'lease' (*iktira*), evidenced by the condition regarding the *Jizya* payment, which would not be incumbent upon a true buyer of the land itself.