lands whose waterways have dried up and whose traces have vanished, with no owner now known.
Whoever revives any portion of such land—even if he is a dhimmī1 and even without the ruler’s permission—becomes its lawful owner together with any solid mineral deposits it contains, such as gold, silver, iron, or antimony. No land tax (kharaj) is levied on it unless the reviver is a dhimmī, and nothing is charged on any flowing minerals it may contain, such as crude oil or bitumen.
Whoever sinks a well on public land so that travellers may draw water for themselves and their animals has the strongest claim to its water as long as they remain there. Once they leave, the well is available to all Muslims; if they return, their prior right is reinstated.
Section
Dead land is deemed revived by any of the following actions: building a sound enclosure around it, bringing in essential irrigation water, planting trees, or digging a well within it.
If, however, one merely marks off dead land by circling it with stones, or digs a well whose water does not reach the land2, or irrigates trees that remain unclaimed, such as olive trees and the like3, or repairs it yet