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2. The tree's حريم protected area is determined by the length of its branches on all sides. Narrated Abu Sa'id Al-Khudri:

27 November 2025 • 374 views
اخْتَصَمَ إِلَى رَسُولِ الله ﷺ رَجُلاَنِ فِي حَرِيمِ نَخْلَةٍ - فِي حَدِيثِ أَحَدِهِمَا فَأَمَرَ بِهَا فَذُرِعَتْ فَوُجِدَتْ سَبْعَةَ أَذْرُعٍ وَفِي حَدِيثِ الآخَرِ - فَوُجِدَتْ خَمْسَةَ أَذْرُعٍ فَقَضَى بِذَاكَ .‏ "Two men brought their dispute about the precincts/boundary of a palm-tree to the Messenger of Allah (ﷺ). According to one wording, he ordered to measure and it was measured. It was found seven yards. According to another wording, it was found five yards. He made a decision according to that." [Sunan Abi Dawud (3640), graded Sahih by Sheikh Al-Albani] ---------------- المسألة الثالثة: بعض الأحكام المتعلقة به Related Legal Rulings 1- Whoever revives dead land becomes its rightful owner, based on the generality of the previous evidences, including the statement of the Prophet ﷺ: ((من أحيا أرضاً ميتة فهي له)) "Whoever revives dead land, it becomes his." 2- Developed land (al-ma‘mūr) cannot be claimed through revival, as its owner is entitled to its benefits. حريم الشيء: هو ما حوله من حقوقه ومرافقه، سُمّي بذلك لأنه يحرم على غير مالكه أن يستبد بالانتفاع به. The ḥarīm of a thing refers to the surrounding area that encompasses its rights and associated utilities. It is termed ḥarīm because it is prohibited for anyone other than its owner to exclusively benefit from it. 3- The Muslim ruler has the authority to grant dead land to those willing to revive it, as evidenced by the hadith of Wā’il ibn Ḥujr: ((أن النبي أقطعه أرضاً بحضرموت)) "The Prophet ﷺ granted him land in Hadhramaut." [Reported by Al-Tirmidhi, no. 1381; authenticated by Al-Albani in Sahih Sunan Al-Tirmidhi, no. 1116)] 4- The Muslim ruler may designate certain dead lands as protected areas (ḥimā) for the grazing of charity camels and war horses, provided this does not cause hardship or harm to the Muslim community. This right is exclusive to the ruler and serves the public interest. The Prophet ﷺ stated in the ḥadīth of Ṣa’b ibn Juthāmah: ((لا حمى إلا لله ولرسوله)) "There is no protected land (ḥimā) except for Allāh and His Messenger." [Reported by Al-Bukhari, no. 2370)] NOTE: The term ḥimā refers to land designated as restricted, meaning others are prohibited from using it. This right is reserved only for the ruler. ------------- FINAL ISSUE: Is the Ruler’s Permission Required for Reviving Dead Land? The majority of scholars hold that it is not required, as the hadiths on this matter are general and do not include any restriction requiring the ruler’s authorisation. However, in thr present time, some authorities have established regulations regarding the revival of dead land to ensure proper organisation, prevent disorder, and protect public resources from being wrongfully claimed under the pretext of إحياء. Therefore, these regulations should be adhered to. ___ الباب العشرون: الجعالة The 20th Subchapter: Reward-Based Contract المسألة الأولى: معناها وحكمها Definition and Ruling DEFINITION الجعالة بتثليث الجيم Ja‘ālah can be pronounced with three different variations of the letter "Jīm" [جُعالة، جَعالة، جِعالة] الجعالة وتسمى “الجعيلة”: هي التزام عوض معلوم، على عمل معين، بقطع النظر عن فاعله. Al-Ja‘ālah refers to a commitment to provide a specified compensation for a particular task, regardless of who performs it. Some jurists have defined jaʿālah as: هي أن يجعل جائز التصرُّف شيئًا معلومًا لمن يعمل له عملًا معلومًا أو مجهولًا لمدة معلومة أو مجهولة. "It is when a legally competent person offers a specified reward to someone who performs either a known or unknown task, for a specified or unspecified duration." From this definition, it becomes clear that jaʿālah does not require the task to be precisely defined, nor does it require a specified duration. Moreover, it remains valid even if the reward is unspecified, in which case the worker is entitled to fair compensation (ujrat al-mithl).