Is it Permissible to Sell the Right of Return to the Holy Lands of Palestine?

To sell away the right of the Palestinian refugees to return to the lands that were usurped from them is Haram Qat'an (forbidden without any doubt).

Proof #1:
The return of the Palestinians to their lands is not only a right but it is also a responsibility that requires the efforts of people and the expenditure of money. Ibn Qudamah al-Qudsi has stated that: "If the enemies attacked the lands of Islam and took just one foot of that land, Jihad in money and souls becomes the responsibility of every male and female Muslim, and the son can go out to Jihad without the permission of his parents and the wife without the permission of her husband." There is no doubt about the fact that the Jews usurped the Holy Lands of Palestine and it is not permitted to bargain with them over anything except the means of their departure from the lands that they usurped by means of violent force and through the killing of hundreds of thousands of people.

Proof #2
The Right of Return is more than a regular right; it is indeed among the rights of Allah swt because of its close connection to the sublime words of Allah swt concerning the Holy Lands. Being from among the rights of Allah swt means that no individual has the authority to sell or bargain it away. The expulsion of people from their homes is considered a crime of such enormous proportions in Islam, that the Qur'an has permitted fighting in the sacred months and in the Sacred Mosque to prevent it and to allow such people to return to their homes, as Allah says in Surah Baqarah, verse 217:
"They ask you concerning fighting (in war) during the sacred month. Say: 'Fighting therein is a grave offense, but graver is it in the sight of Allah to prevent access to the path of Allah, to deny Him, to prevent access to the Sacred Mosque (in Mecca) and to expel the people (of Mecca from their homes.)' Tumult and oppression are worse than fighting and killing. Nor will they cease fighting you until they turn you back from your faith if they can."
In this verse, Allah swt associated the term Fitnah (tumult and oppression), which is a more grave offense than killing, with the expulsion of people from their homes.
Anything that is connected with a matter of the religion (Deen) or honor is a right of Allah swt. For example, the body is the property of Allah and therefore it is not permitted to sell any limb or part of the body. Similarly, (sexual) honor is the right of Allah swt and it is therefore not permitted to take money to despoil it and neither the man nor the woman can abuse his/her honor; the concept of mutual consent in such matters is completely void.
When selling land means placing the sovereignty of kufr (rejection of Allah) over the sovereignty of Allah swt it is considered a right purely for Allah swt over which no one has the authority to act except under the orders of Allah swt. Related to this concept and underscoring the importance of defending one's land are agreed upon Ahadeeth (sayings of Prophet Muhammad pbuh) that state that whoever was killed defending his honor, his possessions, or his religion is considered a Martyr.

Proof #3
The Islamic Fiqh Principle of 'Putting a Halt to Pretexts' (sadd al-Dharaa'i) makes Haram (unlawful) something that is normally Mubah (permitted) if that thing would lead to something Haram. So, if under normal circumstances, it is permitted to buy and sell with non-Muslims, this could be made Haram under special circumstances. In this case, the non-Muslims in question came as usurpers of the land and they expelled its people from their homes. They further brought to that land all kinds of sins and immoralities and things in contradiction and open disobedience to the orders of Allah. In this case, selling to the non-Muslims in question is associated with events and associations that lead, without any doubt, to it being Haram.
This is similar in principle to the fact that it is not permitted to sell grapes to someone who will use them to make wine, or to sell weapons to highway robbers, those fighting Muslims, or gangs who rob and plunder, or to sell land to someone who, it is known without doubt, will build on it a casino for gambling, alcohol, and dancing, or to rent a dwelling to someone who will use it for a house of prostitution, or to print books and pamphlets which attempt to turn people away from the right path or defame sacred things.
Muslim scholars have written extensively on substantiating the principle of 'Putting a Halt to Pretexts,' that is, making Haram something that is normally permitted but that will in a certain instance lead to evil or haraam acts. Among the scholars that have explained this are al-Imam Ibn al-Qayyim in his book 'Alaam al-Muwaqi'een (vol. 3, pgs 120 - 160), al-Imam al-Qurafee in his book al-Farooq (vol. 3, p.266), al-Shawkani in Irshad al-Fuhuul (vol. 2, p. 51), al-Shatibee in al-Muwafiqaat (vol 2. p.320), and, from contemporary scholars Dr. Wahbi al-Zuhli in al-Waseet (p. 572), Sh. Ali Hasballah in Masadir al-Tashree' (p. 358), Sh. Abu Zahra in Usool al-Fiqh (p. 28), Dr. Abd al-Kareem Zaydan in al-Wajeez fil Usool al-Fiqh (p. 248), and Dr. Muhammad al-Baltaji in Manahij al-Tashree' (p. 858), as well as many others.

Proof #4
To sell the right of return or the necessity to return (or to accept monetary compensation in exchange for dropping the right of the Palestinian refugees to return to their homes) will result in strengthening the consolidation of the Jews over the Holy Lands while taking away the legitimacy of the Palestinian demand for their right to return to those same lands and this is forbidden (Haram) based on the words of Allah swt in Surah al-Nisa' verse 141: "And never will Allah grant to the Unbelievers a way to triumph over the Believers."
If it is Haram to strengthen the hold of the Unbelievers over the Holy Lands, then to accept the price of anything that does that is also Haram. A clear proof of this can be found in what was stated by al-Humaidi in his collection of Hadiths or by al-Shawkani in his book Neel al-Awtar (vol. 8, p. 170) from the Hadith reported by Abu Huraira, may Allah be pleased with him, that a man gave to the Prophet (pbuh) a gift of a large jar of wine and the Prophet (pbuh) told him that alcohol had been prohibited. The man then asked: 'Can I not sell it?' To which the Prophet (pbuh) responded: 'Whatever has been made forbidden to drink is also forbidden to sell.' The man then asked: 'Can I not give it as a gift to a Jew?' To which the Prophet (pbuh) responded: 'Whatever has been made forbidden is forbidden to give as a gift to a Jew.' The man then asked: 'What then, should I do with it?' The Prophet (pbuh) said: 'Break it with some stones.'
This Hadith indicates that a Bedouin man wanted to present the Prophet (pbuh) with a gift of wine before he knew that alcohol had been prohibited and when he found out that it was forbidden he thought that the solution would be to sell it, however, the Prophet (pbuh) explained to him a principle: That if Allah has forbidden something, He also forbids selling it, and, in another report, forbids profiting from its price. The man then wanted to give it as a gift to a Jew, since alcohol was not forbidden to Jews. But the Prophet (pbuh) became angry and said break it upon some stones and do not give it to them. In reality, anyone with the least amount of knowledge in the sciences of the Shari'ah and politics knows that the danger of selling alcohol to a Jew is much less than the danger of selling them land upon which they can do whatever they want and which they can use to impose their will over the entire Muslim world.

Proof #5
The most important factors for the presence and stability of a state is first land and then people, laws, and leadership as has been stated by specialists of International Relations. Israel expends great effort in its attempt to increase immigration so as to multiply the number of Jews while at the same time expel the native inhabitants of the land so as to transform the population structure of Palestine. These attempts have been taking place since and even before the Balfour Declaration of 1917 when Jews started coming to Palestine and expanding upon this dreadful Zionist scheme while millions of Palestinians were forced off the land which was then occupied. The manner in which this population transfer was undertaken led to the perpetual instability of the Zionist state. The cheap solution now being presented to bring an end to this instability is to sell away the right of the Palestinians to return. A few statistics will clearly present how force and violence were used to impose realities on the Muslims against their will:
1) More than 900,000 Palestinian inhabitants of 531 different Palestinian cities and villages were expelled in 1948 alone.
2) In 1948, Jews administered less than 6% of the land of Palestine; whereas, now they administer 93% of the Holy Lands while all the Palestinians together now administer less than 7% of their country.
3) The Israeli Authorities, through force, usurpation, and incitement now own 18,300,000 dunums of land and the Palestinians have only 350,000 dunums. That is, the true owners of the land, the 5 million Palestinians, all together have less than half a million dunums; whereas 2 million Jewish usurpers own more than 18 million, three hundred thousand dunums.
These numbers clearly show the extent to which Palestinian rights were taken away by force, power, and hegemony. Now there is a desire to facilitate the way for the true owners of the Palestinian lands to gain false residency in another country and to take compensation so that the land of Palestine will remain a pasture for the commission of the evil deeds of the Zionists. It is these evil deeds which make it forbidden for anyone inside Palestine to sell his land or for anyone outside Palestine to sell his right of return. We appeal to every Palestinian not to allow money to entice him to give up on Jerusalem and Masjid al-Aqsa and we clarify to the Zionists that we will never sell our honor, nor our possessions, nor our Holy Sites.
The following points can be made in relation to this Fatwah:
1) The right of compensation to those who were forced from their homes is permitted and indeed required because those people were displaced and suffered severe losses and thus they must be compensated for their expulsion and displacement. At the same time, they must also return to their land and never give up on this right to return.
2) It is not permitted to say: "Now we do not have anything and even if we returned we would be forced to leave and probably we will never return. So what is wrong with taking some of their money? It is better than nothing. Indeed, we will be gaining something by taking the money while at the same time they will be losing something." I say: This is not permitted in Islamic legal principles because you are giving legitimacy to the usurper. If someone abducted your wife or sister, he must free her and compensate for the harm he caused and it remains your responsibility to resist this usurper not to bargain with him by saying: Keep my wife or sister but give me money to compensate for her. Whoever sold his land is exactly like the one who sold his honor in this example.
3) This Fatwah is limited to the Jews who usurped Palestine and expelled the Palestinians from it and those who supported them and backed them up. The proof for this is that when the Jews of Bani Qaynuqah treacherously disrobed a Muslim woman by force, the Messenger of Allah (pbuh) fought them alone without fighting the Jews of Bani al-Nadheer or Bani Quraydha even though they were all neighbors. Also, when the Jews of Bani al-Nadheer deceptively plotted to kill the Prophet (pbuh) he fought them alone without fighting Bani Quraydha. He did not fight Bani Quraydha until they broke the treaty and agreement they had with him and allied themselves with the armies of the unbelievers in a plot to remove the Muslims completely from Medina, the capital of the Islamic State at that time.
4) It is not permitted to forget that times will change and that Allah has promised the Believers victory and that His Majesty has clearly stated that the Jews will be forced out of the occupied lands at the hands of His (swt) servants and not the servants of money or desires or power. It is only those true servants of Allah (swt) who will liberate the land, with the help of Allah, and will raise high the words and laws of Allah over Jerusalam, the Land of Isra' and Mi'raj, the Land of Light and the Messengers. "And they ask you: When will that be? "Say Perhaps it Will Be Soon!!"