there are traces of earlier cultivation. In fact, near the valley here, they once came across an entire marketplace consisting of ashes and pieces of iron, indicating that this had been the marketplace of craftsmen in that location. But it vanished, its people departed, and no owner of it was known. This therefore falls under the author’s statement, “ownership by a protected person,” because these ruined lands now have no owner, and thus are included.

Land is extremely scarce, and the punishment for encroaching upon it is severe. The Prophet, peace and blessings be upon him, said: “Whoever wrongfully takes even a handspan of land will be made to carry it around his neck on the Day of Resurrection from seven earths.” (1) That is, it will be made into a collar around his neck from seven earths, not merely from one earth, because he acted wrongfully. Scholars, may Allah have mercy on them, even said that a person may not apply more plaster to a wall than is customary, because this extra amount takes from the public thoroughfare, which is jointly shared. To this extent did the scholars warn against encroaching upon land.

Nevertheless, whenever we find land free of exclusive claims and of the ownership of a protected person, whoever revives it acquires it. Hence the author says:

“Whoever revives it acquires it.” The word “whoever” is a conditional expression, and in the principles of jurisprudence, conditional nouns are among the forms that convey generality. It therefore includes everyone who revives it. The manner of revival will be explained, Allah willing.

His statement, “acquires it,” means that it enters his ownership by force of law, because its ownership is contingent upon