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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Condition of the Imam’s Permission in Reviving Dead Land

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Question:
Honorable Shaykh, is the permission of the Imam required for reviving dead land?

Answer:
This is not required. Or, as the Prophet (peace and blessings be upon him) said:
If anyone reaches a water which has not been approached before by any Muslim, itمَنْ سَبَقَ إِلَى مَاءٍ لَمْ يَسْبِقْهُ إِلَيْهِ مُسْلِمٌ فَهُوَ
Sunan Abi Dawud 3071Da'if (Al-Albani)
He has the right to it. So it is not required, except that if a person comes to a piece of dead land that no one has a claim to, and he surrounds it with a wall or digs a well, he owns it by that. Or if he prepares it for agriculture or brings water to it, he owns it by that. However, in recent times, when there was fighting and dispute between tribes and among people, and when there was manipulation among people, the one in authority prohibited this in order to restrain people, because people incur rulings to the extent that they innovate. When people misused it and transgressed, and killing might occur between tribes, and beating might occur, the one in authority saw that the public benefit is that no one controls land except in order to prevent aggression and dispute among people for the sake of public benefit. And this is a correct view, because preventing harm—the Messenger (peace and blessings be upon him) was heard saying:
It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.”لا ضرر ولا ضرار
Sunan Ibn Majah 2340Da'if (Darussalam)
If leaving it to people causes harm to people, and stirs up dispute and stirs up permission, then it is for the one in authority to withhold what he sees as beneficial, and to warn people of rulings to the extent that they transgress. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 113 من 175 /شرح بلوغ المرام/البيوع/إحياء الموات/صالح الفوزان/الحديث/كبار العلماء — youtube.com (40:00)

The Arabic text is a machine transcription of the audio recording.

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