((من أحيا أرضاً ميتة فله فيها أجر، وما أكله العوافي فهو له صدقة))

"Whoever revives dead land shall be rewarded for it, and whatever is consumed by creatures is an act of charity for him." [Reported by Ad-Darimi, 2/267; Ahmad, 3/313; authenticated by Al-Albani in Al-Irwa', 4/6)] NOTE: "Al-’Awāfī" is the plural of Al-'Āfiyah and Al-'Āfī, referring to any seeker of sustenance, whether a bird, a human, or a beast. -------------- المسألة الثانية: شروطه وما يحصل به Conditions and Methods of Reviving Land For reviving dead land to be considered valid, two conditions must be met: 1. The land must not be under the ownership of a Muslim/dhimmi. If it is, reviving it without lawful permission is prohibited. 2. The person reviving the land must be a Muslim. Non-Muslims are not permitted to revive dead land within the lands of Islam. NOTE: This is a matter of scholarly dispute. The view that a dhimmī can acquire land through iḥyāʾ is a strong opinion, based on the general meaning of the Prophet’s ﷺ statement: ((من أحيا أرضا ميتة فهي له)) "Whoever revives dead land, it belongs to him." Additionally, iḥyāʾ is a recognised means of establishing ownership. Just as a dhimmī may acquire ownership through gathering firewood, collecting grass, or hunting from what belongs to the Muslims, the same principle applies to land. Moreover, allowing iḥyāʾ serves the interests of the Muslims by developing the land and making it suitable for use, without causing any loss to the Muslims. ------- Methods of Reviving Dead Land Whatever is customarily done to develop the land is considered as reviving it, such as: 1. Enclosing the land with a protective barrier: If a person fences the land with a solid enclosure, it is considered revived. The Prophet (peace be upon him) said: ((من إذا أحاطه بحائط منيع أحاط حائطاً على أرض فهي له)) "Whoever encloses land with a fence, it becomes his." [Reported by Abu Dawood, no. 3077, from Samurah ibn Jundub; authenticated by Al-Albani in Al-Irwa', no. 1554)] BENEFIT: The relevant measure in this context is what is linguistically referred to as a "wall" (ḥā'iṭ). However, if one merely surrounds the mawāt land with stones or similar materials—such as soil or a low wall that does not serve as a true barrier—this does not grant ownership of the land. Nevertheless, it does establish a stronger right for that individual to reclaim and develop the land compared to others. NOTE: If someone lays claim to the land by marking it off (taḥajjur) without actually developing it, the ruler grants them a specified period to either reclaim it or relinquish their claim. If the period expires without iḥyāʾ, the ruler permits others to reclaim the land. 2- If a person digs a well in dead land and reaches water, he has revived the land. If he does not reach water, he still has a stronger claim to it than others. The same applies if he digs a canal in the land. 3- If a person channels water to dead land from a spring, river, or any other source, he has revived it. 4- If a person plants trees in land that was previously unsuitable for cultivation—by clearing and preparing it—he has revived it. Some scholars state: revival is not limited to these specific actions but is instead determined by customary practice (‘urf). Whatever people commonly regard as land revival is considered valid, while anything that does not meet this standard is not. NOTE: The issue of حريم (protected area). This exists only when it is adjacent to أرض موات dead land, and this area varies (scholars differed): 1. In the case of a well and spring, the حريم (protected area/boundary), the area extends according to one's need. This need includes enough space to draw water, providing a resting place for camels, a standing area for his livestock and sheep, a space for setting up troughs to water his animals, and a place for tethering the animal used for drawing water, among other similar needs. Therefore, the protected area (ḥarīm) is not restricted solely to what is necessary for drawing water.