That is, if you do not allow the timbers to be placed, I shall place them upon your shoulders, because he was the governor. This is similar to what Umar—may Allah be pleased with him—said to Muhammad ibn Maslamah in his dispute with his neighbor. The neighbor needed to run water from his own property across Muhammad ibn Maslamah’s land, but Muhammad refused, saying, “The watercourse cannot run through my property; the land is mine.” The owner of the watercourse said to him, “Benefit from it: plant trees and sow crops upon it.” Yet he refused, so they brought their dispute before Umar—may Allah be pleased with him—who said to him: “You shall certainly let it run, or I shall make it run over your belly.” (1) This is because the one who refused is regarded as causing harm. Yes, if he were to say, “I do not want the watercourse to run through my property because I intend to build on it,” then he has that right. But if he intends to cultivate it and plant trees there, it is in his own interest for the water to run through it.

“Whoever encloses uncultivated land, or digs a well and reaches water, or channels water to it from a spring or the like, or keeps water from it so that it may be cultivated, has thereby reclaimed it.”

His statement, “Whoever encloses uncultivated land, or digs a well and reaches water, or channels water to it from a spring or the like, or keeps water from it so that it may be cultivated, has thereby reclaimed it,” explains the acts by which reclamation is achieved. These are several cases:

The first: “If he encloses uncultivated land,” meaning that he builds a wall around it which prevents entry into it, thereby establishing his ownership of it. This does not mean a slight barrier, such as one or two stones.

The apparent meaning of the author’s words is that this applies even if the land is extensive. However, if land is scarce—for example, if a town lies in an area bounded by rivers or mountains—then the ruler may set limits and say: No one may acquire more than such-and-such an extent. This is so that no powerful person may monopolize it by enclosing a large tract of land and then selling it to the people at a high price.