The ruling on one who revives dead land
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Question:
The questioner, Muhammad Ali, says in this question: If a man revives dead land, and we do not know that it belongs to anyone, is it considered his property in this case?
Answer:
Yes. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 7:167 Al-Bukhari narrated it in his Sahih. And he (peace and blessings be upon him) said: Jami` at-Tirmidhi 1379Sahih (Darussalam) So if it is dead land, no one has a right to it, and it is not for the public benefit, meaning: it is not next to the inhabited villages and towns that they need for parking their cars, and for parking their camels and sheep for their needs. If the inhabited area has no need for it, then there is no harm in reviving it.
As for if it is ... needed by the inhabitants, or if someone has preceded to it and revived it; then no. And as for if it is dead land, no one has preceded to it, and it is not in the interest of the inhabitants; then it is to be revived.
But if it is in a state that orders permission and prevents revival without permission, one should seek permission so as not to be prevented. One seeks permission and says: We want to revive dead land, so that if there is a right for someone in it, it is made clear to him. For example, here in Saudi Arabia, one seeks permission from the competent authorities, saying: I found land with such and such characteristics, and I would like to revive it; so that they may inform him if there is a claim for someone, or if someone preceded to it, so that he may be on clear evidence, on full knowledge. Yes.
The presenter : May Allah reward you with good, Your Eminence the Shaykh.
The questioner, Muhammad Ali, says in this question: If a man revives dead land, and we do not know that it belongs to anyone, is it considered his property in this case?
Answer:
Yes. The Prophet (peace and blessings be upon him) said:
He who develops land that does not belong to anyone, has the most right to it.
من عمر أرضًا ليست لأحد؛ فهو أحق بهاWhoever revives a barren land, then it is for him.
من أحيا أرضًا ميتة؛ فهي لهAs for if it is ... needed by the inhabitants, or if someone has preceded to it and revived it; then no. And as for if it is dead land, no one has preceded to it, and it is not in the interest of the inhabitants; then it is to be revived.
But if it is in a state that orders permission and prevents revival without permission, one should seek permission so as not to be prevented. One seeks permission and says: We want to revive dead land, so that if there is a right for someone in it, it is made clear to him. For example, here in Saudi Arabia, one seeks permission from the competent authorities, saying: I found land with such and such characteristics, and I would like to revive it; so that they may inform him if there is a claim for someone, or if someone preceded to it, so that he may be on clear evidence, on full knowledge. Yes.
The presenter : May Allah reward you with good, Your Eminence the Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.