Building a house on a landlord’s land

Question

Question: Zayd has a plot of land which he himself cannot sell, because he obtained permission from the landlord to build a house by presenting him some money as an offering, and he built a structure in the form of an enclosure. When this enclosure collapsed and only slight traces of it remained, ‘Amr, on account of his personal ties and relations, said to Zayd: “I am in difficulty for want of a house; if I had land somewhere, I would build a house.” Upon this Zayd gave that land to ‘Amr, saying: “Build a house.

Answer

From the question it appears that the land itself is the property of the landlord; Zayd obtained permission to build a house on it and presented some offering for that permission. Zayd was not the owner of the land, which is probably why he could not sell it.

Source: Fatawa Mahmudiyya

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