Planting Trees on Someone Else's Land Without Permission

QUESTION

Assalamualaikum ust, I planted the tree myself, but it was on someone’s land and I don’t have permission, can I eat the fruit?

ANSWER

Wa’alaikumussalam warahmatullah wabarakatuh

Planting plants on someone else’s land without the owner’s permission is a prohibited act, including ghashab.

The argument:

And do not spend your wealth among yourselves unjustly.

Do not squander wealth among yourselves. (Al Baqarah: 188)

In the hadith:

Whoever takes an inch of the earth unjustly, then on the Day of Resurrection he will be surrounded by seven earths.

Whoever takes an inch of land unjustly, then on the Day of Resurrection he will be crowned with it from (the burden of) the seven layers of the earth (HR. Bukhari and Muslim)

This shows the severity of the prohibition on controlling someone’s land without permission, even a small amount. Planting trees on someone’s land without the owner’s permission includes taking advantage of that land. This is haram according to ijma’, so the fruit is haram for the owner of the tree to eat.

Shaykh Al Husen bin Muhamamd Syawath said:

Muslims agree to prohibit usurpation of power, which is a sin and a grave sin

Muslims agree on the prohibition of ghashab, and it is a major sin among major sins.

Wallahu A’lam