عقار (غیر منقولہ جائیداد)

العَقار

In the lexicon, aqar is anything with a fixed base and a settled place, such as land, a house, an estate or palms; as a term it is what cannot be moved from one place to another, such as land and a house, while movables are what can be moved ^{1 2}. The distinction has effects: pre-emption applies to real estate and, by the majority, not to movables sold on their own; easements attach to real estate; the rules of sale for a minor's or a bankrupt's property differ; and endowments of real estate are valid by agreement ^{2 3 4}. Prayer on usurped land is valid according to the majority, though sinful, and invalid on the preferred Hanbali view ^{5 6}. There is no zakat on needs such as a home, and by the majority none on rented property; a Hanbali view requires it ^{7 8}. An owner may sell his real estate in full or a share, subject to rules on harm to co-owners, the sale of a guardian over a minor's property, and possession by delivery; the schools differ on the fruits of a defective sale returned and on planting or building on land whose title fails or which is leased ^{8 9 10 11 12}. Every item that may be sold may be mortgaged, and the rules of usurpation apply to real estate according to the majority ¹².