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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 does not differ, 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, it belongs toمن سبق إلى ما لم يسبق إليه المسلم فهو
Sunan Abi Dawud 3071Da'if (Al-Albani)
He has the right to it. So it does not differ; rather, if a person comes to dead land to which no one has a claim, and he surrounds it with a wall or digs a well in it, he owns it by that, or he improves it for agriculture or brings water to it, does he not thereby acquire it?
But in recent times, when fighting and disputes arose between tribes and among people, and there was manipulation among people, the authority prevented this except to relieve the pressure on people, because people are judged by the rulings according to what they initiate. So when people misused it and transgression occurred, and killing might occur between tribes, and beating might occur, the authority saw that the public interest is that no one controls land except to prevent aggression and disputes among people for the sake of the public interest.
And this is a correct view, because preventing harm—the Messenger of Allah (peace and blessings be upon him) heard someone say:
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 causes harm to people and incites disputes and humiliation, then the authority has the right to do what he sees as in the public interest and issue rulings for people according to what brings them back.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب إحياء الموات — islamhouse.com (39:43)

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

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