Buying Al-Kharaj Land From Al-Sultan When Owners Are Coerced

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who rents, from al-Sultan a piece of land of al-Kharaj that belongs to tax payers, because of the failure of the owners. He (the Imam) said, ‘If the owners fail, you can take such land unless it is harmful to the owners. If you pay a certain amount to the owners and it helps to make them agree, then you can have such land.’ I then asked him (the Imam) about the case of a man who bought a piece of al-Kharaj land, then built in it or not except that tax payer people arrived therein, if he could receive the rent of houses from them if they pay taxes on their persons. He (the Imam) said, ‘He must stipulate it with them and after stipulation it is lawful.’”

“He (the Imam) (a.s.), has said, ‘It is not unlawful if tax payers buy land, if they build and revive it, it becomes their land.’”

“This is regarding their question before one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about buying the land of farmers of al-Kharaj land. He (the Imam) (a.s.), said, ‘On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) the land will be taken away or you pay what is due on it of al-Kharaj.’ ‘Ammar has said that he (the Imam) then turned to me and said, “You can buy it because your right on it is more than that of others.’””

“This is concerning my question before abu Ja‘far (a.s.), about buying the land of tax payers (non-Muslims). He (the Imam) said, ‘It is not unlawful. On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) you will pay what they pay.’ I then asked him (the Imam) about the case of a man from people of al-Nil and a land that he had bought at the outlet of al- Nil about which people of that area said it was their land and people of al-‘Ustan said it was of their land. He (the Imam) said, ‘You must not buy it without agreement of its owner.’”

“I once said to abu ‘Abd Allah (a.s.), that I had a piece of land of al-Kharaj which had caused to me great difficulties. He (the Imam) remained quiet for a while, then said, ‘On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) your share of the land will be greater than this and on such time ‘Ustan will be more ideal piece of land than their pieces.’”