That Arwa sued him before Marwan for a right, which she claimed, he had deprived her of. On that Sa`id said, "How should I deprive her of her right? I testify that I heard Allah's Messenger (ﷺ) saying, 'If anyone takes a span of land unjustly, his neck will be encircled with it down seven earths on the Day of Resurrection."
Hadith Text & Context
From the book Beginning of Creation in Sahih al-Bukhari, Hadith reference: Sahih al-Bukhari 3198. This narration concerns a legal dispute between Arwa and Sa'id ibn Zayd, brought before the governor Marwan ibn al-Hakam. Sa'id defends himself by invoking a profound Prophetic warning against land usurpation.
Commentary on the Prohibition
The phrase "takes a span of land unjustly" refers to any act of seizing, encroaching upon, or withholding land that rightfully belongs to another Muslim. This includes altering boundary markers or claiming inheritance shares not lawfully due. The severity lies in the violation of a stable, fundamental right (haqq) upon which societal trust is built.
Imam al-Nawawi explains that the "span" (shibr) signifies that even the smallest amount of usurped property is a grave major sin. The principle is one of proportionality: the prohibition applies regardless of the land's size or value, for the sanctity of property rights is absolute.
Exegesis of the Punishment
The imagery of the usurper's "neck being encircled with it down seven earths" is a powerful metaphor for the unbearable burden and humiliation on the Day of Judgment. The land itself will bear witness against the oppressor, becoming a chain of fire around his neck, pulling him downward through the layers of creation as a manifestation of the weight of his transgression.
Scholars like Ibn Hajar al-Asqalani state that the "seven earths" emphasizes the extensiveness and inescapability of the punishment. It signifies that the consequence is not merely superficial but penetrates to the deepest levels of existence, matching the profound injustice committed against God's law and a fellow human being.
Legal & Moral Implications
This hadith establishes the impermissibility of any form of property usurpation (ghasb). It obligates Muslims to be scrupulously honest in all financial and property dealings. If one discovers they possess usurped property, they must immediately return it to its rightful owner or their heirs.
Sa'id's use of this hadith in his defense demonstrates its function as a legal proof. It serves as a deterrent and a reminder that earthly courts are one avenue for justice, but the ultimate reckoning is with Allah. The spiritual consequence far outweighs any potential worldly gain from the usurped land.