Back to search
The question

Is it permissible for a tenant to uproot a date palm sapling and gift it to his brother from a house he does not own, especially if the owner of the house is elderly and senile, and his children cannot be reached for permission?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The date palms and their offshoots belong to the homeowner and are not included in the lease contract. It is not permissible to dispose of them by gifting or otherwise, because that constitutes an infringement on the property of others. If the owner is not competent to manage his affairs due to senility, his permission is not considered, nor is the permission of his children; for the property does not belong to them.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
37298
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy