A case of partnership in land, a shop and a mare

Question

Question: Zayd, Umar, Bakr and Khalid are full brothers. The government granted Umar two murabbas (a Punjabi land unit, ≈ 25 acres, i.e. ≈ 10 ha) of land, the condition for which is to keep one good mare. Under English law, Umar’s eldest heir (the eldest son) became the owner of the land. As fate would have it, Umar died, and the land was transferred to the name of Umar’s son; some time later Umar’s son also died, and Umar was left without issue.

Answer

Answer (1) Your question contains several matters that need to be ascertained; write the answer to them in detail — after that the answer will be complete. (1) The two murabbas of land that the government granted to Umar — were they given by way of ownership (tamlik) or by way of loan for use (ʿariya)? That is, can Umar sell it or gift it to another, etc.

Source: Fatawa Mahmudiyya

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