سَأَلْتُهُ عَنِ الرَّجُلِ الْمُسْلِمِ تَكُونُ لَهُ الضَّيْعَةُ فِيهَا جَبَلٌ مِمَّا يُبَاعُ يَأْتِيهِ أَخُوهُ الْمُسْلِمُ وَ لَهُ غَنَمٌ قَدِ احْتَاجَ إِلَى جَبَلٍ يَحِلُّ لَهُ أَنْ يَبِيعَهُ الْجَبَلَ كَمَا يَبِيعُ مِنْ غَيْرِهِ أَوْ يَمْنَعَهُ مِنَ الْجَبَلِ إِنْ طَلَبَهُ بِغَيْرِ ثَمَنٍ وَ كَيْفَ حَالُهُ فِيهِ وَ مَا يَأْخُذُهُ قَالَ لَا يَجُوزُ لَهُ بَيْعُ جَبَلِهِ مِنْ أَخِيهِ لِأَنَّ الْجَبَلَ لَيْسَ جَبَلَهُ إِنَّمَا يَجُوزُ لَهُ الْبَيْعُ مِنْ غَيْرِ الْمُسْلِمِ .
Translation
Ali Bin Ibrahim, from his father, from Ismail Bin Marrar, from Yunus, from one of our companions, from Abu Abdullah<sup>asws</sup>, said, ‘I asked him<sup>asws</sup> about the Muslim man who happened to have the place for him wherein is a mountain from what he sells (his pasture). His Muslim brother comes over to him and for him are sheep, being needy to a mountain. Is it Permissible for him that he sells him the mountain (pasture) just as he had sold it to others, or should he prevent him from the mountain if he seeks it without a price? And how would be his state in it, and what can he take?’ He<sup>asws</sup> said: ‘It is not allowed for him that he sells his mountain (for pasture) to his brother, because the mountain is not his mountain. But rather, it is allowed for him the selling to a non-Muslim’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.