a cause; so whenever the cause exists, ownership is established. As we said regarding inheritance: when its cause exists, the estate enters the heir’s ownership by force of law. Even if the heir says, “I do not want the inheritance,” we say: “It is yours, whether you like it or not.” This is because ownership contingent upon a cause is established whenever its cause exists, whether a person wishes it or not. A person is free to choose before undertaking the cause; but once he has undertaken it, the Lawgiver has assigned the resulting legal effect to the existence of that cause, and he has no choice in the matter.
“Whether Muslim or disbeliever, with or without the ruler’s permission, in the lands of Islam or elsewhere. Land acquired by conquest is like other land. Land near inhabited property may be acquired through revival, provided that it is not connected to its interests.” .......
His statement, “whether Muslim or disbeliever”: the author has elaborated on the generality of his statement, “Whoever revives it,” because there is disagreement concerning some of those included in it. Some scholars hold that a disbeliever may not acquire land in Muslim lands, even if he is a protected non-Muslim resident, because there ought not to be a place in Muslim lands for non-Muslims. For if non-Muslims acquire land, they will become numerous there and eventually form a majority, so that evil overwhelms good; then Allah’s punishment may soon encompass them all. But the author holds that there is no distinction between a Muslim and a disbeliever. What is meant by “disbeliever” is one whose life and property are protected. We add a second condition concerning the disbeliever: he must be among those legally capable of owning land. If he is not legally capable, then he does not acquire it. Thus, whoever revives it acquires it, whether Muslim or disbeliever, male or female, young or old. However, in the case of a young child who lacks discernment, his guardian acts on his behalf.
His statement, “with or without the ruler’s permission”: when jurists say “the ruler,” they mean the person holding the highest authority in the country. In a monarchy, the ruler is the king; in a republic, the ruler is the president. Thus, the person with the highest authority in the country is what jurists mean by the term “the ruler.”