What is the legal implication when a Companion, like Ibn Mas'ud, is reported to have purchased conquered land?

Chapter on Zakat on Crops and Fruits

Al-Mughni

Book of Zakat

Book 8 · Issue 2 · Bab 4

Open in Qurani

Primary text

If a Companion is reported to have purchased land, the contention is that the term 'purchase' (*ishtira*) in such narrations should be interpreted as 'lease' (*iktira*), as supported by Abu Ubayd due to the context involving the assumption of the *Jizya* payment. Furthermore, Ibn Mas'ud's subsequent statement regarding the *mal* (property/wealth) of Bazadhan does not explicitly mention purchasing the land, potentially referring to livestock, trade goods, or crops, or simply criticizing an objectionable act by another.

Supporting text

Another response is that even if it is accepted as a purchase, Umar's prohibition against selling remains unchallenged. The primary reason for the prohibition is that the land is considered Waqf, thus sales are invalid, similar to other *Ahabis* (endowments).