Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.
There is no doubt that selling this property in Palestine to the Jews is not permissible. A Muslim is prohibited from selling to a disbeliever who is fighting Muslims anything that might help the disbelievers to establish themselves firmly on the earth or defeat the Muslims. The scholarly views within their different schools of thought are very clear in this respect. In al-Muhalla (9/65), IbnHazm (may Allah have mercy on him) said: “Selling things to them is permissible except that which help increase their power against Muslims such as livestock, weapons, iron or other than that, it is not permissible to sell to them anything like this.” Then he went on to say: Allah the Exalted said: “help you one another In AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression.” [al-Maaidah: 2].
Strengthening them with sale or anything that will increase their power against Muslims is prohibited and whoever does that should be severely punished and given a lengthy sentence.” This statement of IbnHazm was also transmitted by the Imams. In al-Majmoo’ Sharh al-Mudhab (9/432), al-Nawawi said that there is consensus on prohibition of selling weapons to people who are fighting Muslims because it strengthens them. In Haashiyah (3/7), al-Dasuqi of Maliki math-hab transmitting from al-Shatibiyy said: “Selling wax to them is prohibited if they are going to use it to harm Muslims.” Then how is the ruling going to be if a person is going to sell to them something that will make them firmly establish themselves in a Muslim country? Furthermore, what indicates the impermissibility of selling land to the Jews is the obligation on Muslims to remove them from the land that they seized and commandeered. There is no scholarly difference in this regard. Everyone has to do this according to his capacity. “Allah burdensnot a person beyond his scope.” [al-Baqarah: 286]. Therefore selling land to the Jews is making them firmly establish themselves in a Muslim country; this is contrary to what is incumbent which is striving towards saving Muslim land from them.
And Allah knows best.
Dr. Khalid al-Mosleh
08 / 04 / 1425 AH