بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Lesson 16 Notes (10 Sha’bān 1446 H - 9/2/25) Continuation... الباب التاسع عشر: إحياء الموات The 19th Subchapter: Reviving Dead Lands المسألة الأولى: في معناه وحكمه Its Meaning and Ruling DEFINITION LINGUISTICALLY لغة: الموات مشتقٌ من الموت. والموات ما لا روح فيه، والمراد به الأرض التي لم تعمر ولا مالك لها. Mawāt is derived from mawt (death). Mawāt refers to that which has no life. It specifically denotes land that has not been developed and has no owner. LEGISLATIVELY هو الأرض المنفكة عن الاختصاصات وملك معصوم. Technically: Al-mawāt refers to land that is free from ownership or exclusive rights. NOTE: This definition excludes two categories: 1. Property lawfully owned by a protected individual (al-maʿṣūm), whether Muslim or non-Muslim, through: a. Inheritance (al-irth) b. Contractual agreements (at-taʿāqud), such as purchase, gift, or similar transactions c. Permissive use (al-ibāḥiyyah) 2. Land associated with the interests (الاختصاص) of a protected owner, such as roads, water/flood channels, or land that serves the needs of an inhabited area, such as designated spaces for ’Eid prayers, grazing lands, and firewood collection areas, and public utilities. Such land cannot be claimed through land revival. فهو الأرض الخراب التي لم يجر عليها ملك لأحد، ولم يوجد فيها أثر عمارة، أو وجد فيها أثر ملك وعمارة، ولم يعلم لها مالك. (هذا قول أبي جنيفة ومالك ورواية عن أحمد لعموم الأخبار) It is land that has fallen into ruin and has never been possessed by anyone, or where traces of ownership and development exist but the owner is unknown. BENEFIT: After identifying Al-Mawāt, we need to know that Al-mawāt land is categorised into two types: First Category: Land that has never been owned by anyone and shows no signs of prior development. Such land may be lawfully acquired through iḥyāʾ. Second Category: Land that was previously owned, falls into three subtypes: 1. Privately owned land with an identified owner – This cannot be acquired through iḥyāʾ. 2. Land showing traces of ancient pre-Islamic (جاهلي) ownership – This may be acquired through iḥyāʾ, as it holds no legal sanctity. It was narrated from ʿAṭāʾ, from the Prophet ﷺ (as a mursal report), that he said: ((عادي الأرض لله ولرسوله ثم هو بعد لكم)) "Unclaimed land belongs to Allāh and His Messenger, and thereafter, it is for you." [Reported by Al-Bayhaqī (6/143)]. * If these lands were conquered by the Muslims and subsequently designated as waqf, iḥyāʾ is not permitted, as they remain the property of the Muslims. 3. Land that was owned after Islam by an unidentified Muslim or non-Muslim protected individual (dhimmī) – This cannot be acquired through iḥyāʾ على الصحيح; as it remains under legal ownership. If the original owner has heirs, the land belongs to them; if not, it is inherited by the Muslims. The authority to decide rests with the ruler. ------------------ RULING The PERMISSIBILITY of iḥyā’ is essentially derived from the saying of the Prophet ﷺ: حديث جابر وسعيد بن زيد وعائشة: ((من أحيا أرضاً ميتة فهي له، وليس لعرق ظالم حق)) "Whoever revives dead land, it becomes his, and there is no right for an unjust claim." [Reported by Abu Dawood, no. 3073; At-Tirmidhi, no. 1378; authenticated by Al-Albani in Al-Irwa', no. 1551] The phrase (العرق الظالم) refers to a person encroaching upon land that has already been revived by another, planting or cultivating it in an attempt to claim ownership. Likewise, ʿĀʾishah (may Allāh be pleased with her) reported that the Prophet ﷺ said: ((من أعمر أرضًا ليست لأحدٍ فهو أحق)) "Whoever cultivates land that belongs to no one has the strongest right to it." [Ṣaḥīḥ Al-Bukhārī] Reviving dead land may also be RECOMMENDED when it serves the needs of people and animals, as indicated by the Prophet’s statement: