rights of exclusive use, not property, because they belong to no one.

His statement, “and ownership by a protected person,” means that it must not previously have been brought into ownership through revival. If it had previously been revived and thereby owned, then one who revives it later cannot acquire it, because it belongs to the first person who revived it. However, the author stipulates that it must be owned by a protected person. Protected persons among mankind fall into four categories: the Muslim; the dhimmī (a non-Muslim permanent resident under Muslim protection); the muʿāhad (one bound by a treaty); and the mustaʾman (one granted safe-conduct). These are four categories of persons whose lives are inviolable, and no one may transgress against them. As for a hostile non-Muslim who has neither treaty nor protected status and is not Muslim, his property is lawful for the Muslims. Thus, land owned by such a hostile non-Muslim is deemed dead land, even if he has taken possession of it, because his property is not inviolable.

Included in the revival of dead land are ruined lands which were villages in former times, but whose inhabitants departed and abandoned them. Such land, too, belongs to whoever acquires it. A comparable case concerning movable property is when someone throws away his belongings, having no desire for them and no longer wanting them: they belong to whoever finds them. This is as mentioned in the hadith of Jabir, may Allah be pleased with him: he was riding a camel which became exhausted, and he intended to set it loose (1). Had Jabir set it loose and another person found it, it would have belonged to that person. Likewise, whatever is cast into the sea when there is fear that a ship will sink belongs to whoever finds it. This is because the one who cast it away relinquished it and no longer wished it to remain his property. Similarly, the lands of ancient ruined villages, as mentioned earlier: whoever revives them becomes their owner. Hence, even now, in some lands that are revived