Q: About 50 years ago, one of my uncles dug a well to find underground water. This well was dug in the waterway of torrents. It is half a square meter in circumference and one meter deep. It was dug in land that has no owner. Later on, another man came and dug another well close to my uncle's then left the place for one or two days. After that, in the absence of that man (who dug the second well) my uncle and I dug thirty-six wells around that man's well. When he came, we denied his right to the well. He instituted a lawsuit against us. We were summoned by the chieftain who asked us to swear by Allah on this issue and we did. Then the land remained with us for many years. When cultivation started in the land, it was sold for 50,000 SR. We divided this money into three shares; one for me, one for my uncle and one for my cousin (Part No. 15; Page No. 380) who sold the land. After my uncle and my cousin died, I regretted that I
had made a false oath
at that time when I was ignorant and overwhelmed by the rashness of youth. Now I have repented to Allah (Exalted be He). It should be noted that the man died and left no sons behind. We only know he has nephews. We do not even know anything about his wife. What should I do?
A:
You have to ask the inheritors of that man to forgive you or give them the value of his share from the land, because the Prophet (peace be upon him) said,
Whoever has wronged his brother, should ask for his pardon (before his death), as (in the Hereafter) there will be neither a Dinar nor a Dirham. (He should secure pardon in this life) before some of his good deeds are taken and paid to his brother, or, if he has done no good deeds, some of the bad deeds of his brother are taken to be loaded on him (in the Hereafter) then he is thrown into Hell-fire.
Consumption of the rights of people is not forgiven unless they forgive it. Otherwise Qisas (just retaliation) has to be executed. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.