The ruling on a dhimmī (a non-Muslim under Muslim protection) acquiring dead land through reclamation
Machine translationRead the Arabic original
The questioner:
Benefits from the explanation of the book *Iqtida' al-Sirat al-Mustaqim li-Mukhalafat Ahl al-Jahim* by Ibn Taymiyyah. Also, regarding dead land in the land of Islam that is not subject to the kharaj tax, is it permissible for a dhimmī to acquire it through reclamation? A group of scholars said he is not permitted to do so, and this is the view of al-Shafi'i and Ibn Hamid. This is the analogy of one of the two narrations from Ahmad regarding his prohibition of purchasing it; if its acquisition through purchase is not permitted, then is it permitted through reclamation or not? But please elaborate.
The Shaykh:
Yes, the sale of land by a disbeliever that is in the hands of Muslims, and the possession of it by Muslims, contains what it contains of difficulty, just as if he were to reclaim dead land from the land of Muslims.Bulugh al-Maram 7:168 Land is acquired through reclamation, so is a disbeliever permitted to reclaim dead land in the lands of Muslims? If it is said yes, it is said: then it is permissible to sell him land subject to kharaj or the tenth. And if it is said no, it is also said: this is prohibited because it establishes the disbeliever in the lands of Islam. Yes.
The questioner:
It is said, however, that a distinction may be made between the two, in that the purchased land is cultivated land, so there is a confirmed harm in it, unlike the reclamation of dead land, or dead land, for it does not cut off a right.
The Shaykh:
Yes, this is a perspective for the prohibition or the distinction between the reclamation of dead land and the purchase. The purchase cuts off the right of someone, whereas the reclamation of dead land does not cut off the right of anyone in it, because no one had previously acquired ownership of it or benefited from it. Yes.
The questioner:
The explicit statement from Ahmad, and the view of the majority of his followers, is that he acquires it through reclamation, and this is the view of Abu Hanifah.
The Shaykh:
It is likely due to the generality of the statement: "Whoever reclaims dead land, it is his." Yes.
The questioner:
There is a difference of opinion regarding Malik.
The Shaykh:
Yes.
The questioner:
There is a difference of opinion regarding Malik.
The Shaykh:
Do you mean that the narrations regarding Malik differ on this issue?
The questioner:
I wish you goodness.
The Shaykh:
Does a disbeliever acquire ownership through reclamation in the lands of Muslims, or does he not acquire it?
Benefits from the explanation of the book *Iqtida' al-Sirat al-Mustaqim li-Mukhalafat Ahl al-Jahim* by Ibn Taymiyyah. Also, regarding dead land in the land of Islam that is not subject to the kharaj tax, is it permissible for a dhimmī to acquire it through reclamation? A group of scholars said he is not permitted to do so, and this is the view of al-Shafi'i and Ibn Hamid. This is the analogy of one of the two narrations from Ahmad regarding his prohibition of purchasing it; if its acquisition through purchase is not permitted, then is it permitted through reclamation or not? But please elaborate.
The Shaykh:
Yes, the sale of land by a disbeliever that is in the hands of Muslims, and the possession of it by Muslims, contains what it contains of difficulty, just as if he were to reclaim dead land from the land of Muslims.
The Prophet (ﷺ) said: "If anyone makes a barren land productive, then it belongs to him."
النبي صلى الله عليه وسلم قال من أحيا أرضا ميتة فهي لهThe questioner:
It is said, however, that a distinction may be made between the two, in that the purchased land is cultivated land, so there is a confirmed harm in it, unlike the reclamation of dead land, or dead land, for it does not cut off a right.
The Shaykh:
Yes, this is a perspective for the prohibition or the distinction between the reclamation of dead land and the purchase. The purchase cuts off the right of someone, whereas the reclamation of dead land does not cut off the right of anyone in it, because no one had previously acquired ownership of it or benefited from it. Yes.
The questioner:
The explicit statement from Ahmad, and the view of the majority of his followers, is that he acquires it through reclamation, and this is the view of Abu Hanifah.
The Shaykh:
It is likely due to the generality of the statement: "Whoever reclaims dead land, it is his." Yes.
The questioner:
There is a difference of opinion regarding Malik.
The Shaykh:
Yes.
The questioner:
There is a difference of opinion regarding Malik.
The Shaykh:
Do you mean that the narrations regarding Malik differ on this issue?
The questioner:
I wish you goodness.
The Shaykh:
Does a disbeliever acquire ownership through reclamation in the lands of Muslims, or does he not acquire it?
Source
قناة «العلامة الدكتور صالح الفوزان»، [1509] حكم تملك الذمي للأرض الموات بالإحياء I الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.