revives dead land, it belongs to him.” Is this a legislative ruling or an administrative regulation? If we say that it is a legislative ruling, then “Whoever revives dead land, it belongs to him,” whether the ruler grants permission or not, because the Prophet ﷺ stated it as legislation for the Ummah. But if we say that it is by way of regulation, then the ruler must say, “Whoever revives dead land, it belongs to him,” in every time and place.
Somewhat analogous to this is the Prophet’s statement: “Whoever kills an enemy combatant shall have his spoils.” (1) That is, in war. Is this legislation or regulation? There is a difference of opinion. Some scholars held that if a man kills an enemy combatant in battle, he is entitled to his spoils whether the ruler stipulated this or not. Others held that he is not entitled to the slain man’s spoils except with the ruler’s permission. Here, the commander of the army acts in the ruler’s place, because the slain man’s spoils are part of the war booty; thus, they fall under the rulings of war booty and are not owned by the killer except through specific authorization.
The author’s statement on the previous issue—which is the Hanbali position—indicates that whoever revives dead land acquires it, whether this is done with permission from the authorities or not. But if the ruler says, “No one may revive land except with my permission and authorization,” does the one who revives it thereafter acquire the land merely by reviving it, without referring back to the ruler? The answer is: no, because the matter has moved from being included under a general ruling to being restricted by the ruler. Allah, Exalted is He, says: “O you who believe, obey Allah and obey the Messenger and those in authority among you.” [al-Nisa’ 4:59] Therefore, if the ruler says, “No one may revive land except with my permission and authorization,” then whoever revives it after this statement has reached him will have it taken from him, and he has no right to it. That is because the ruler has commanded this,