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If a tree is planted in the land of Eidgah by mistake, who will be the tree and who will enjoy its fruits 1328245498

Monthly Al Kawthar•miscellaneous•

Question

A land for Eidgah in our village was waqfed about one hundred years ago. Eid prayers have been offered there ever since. A few days ago, while constructing the boundary walls of the Eidgah and demarcating the boundaries of the Eidgah for some other purposes, it was seen that the owner of the land adjacent to the Eidgah had mistakenly planted many fruit and wood trees inside the boundaries of the Eidgah. The trees were planted at least 20/25 years ago and the fruit planters have been enjoying it till now. Now the worshipers are claiming that since the trees have grown on the land of Eidgah, then these are the trees of Eidgah. And the planter said, I will cut down my tree. Sharia will be grateful for the solution in this regard. 6651526159

Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

In the case in question, it was not right for that person to plant a tree in Eidgah. He will have to repent for this and will have to pay a fair rent to the Eidgah Fund for the number of years that his tree was in the land within the boundaries of Eidgah. But the owner of the planting trees. Eidgah authorities will be able to force him to cut down the trees and clear the field. Note that if the Eidgah authorities want to keep the trees for shade or any other benefit, they have to pay the current price of the tree with the consent of the planter. 4951245339

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • জামেউল ফুসূলাইন, Part: 2, Page: 101
  • কিতাবুল ওয়াকফ,, Page: 385

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