his,” narrated by Ahmad and al-Tirmidhi, who both deemed it sound. Other reports convey the same meaning, some of which are found in Sahih al-Bukhari.

The jurists of all the major centers agree that dead land becomes owned once it has been revived, although they differ over the specific conditions. An exception is made for barren land within the Sacred Precinct (al-Haram) and the plain of ‘Arafat, for revivifying it would restrict people when performing the rites and would amount to seizing a place to which everyone is equally entitled.

Revivification of dead land may be achieved in several ways:

1. If a person surrounds the land with a sturdy wall of the type normally used for fencing, he has revived it. This is based on the Prophet’s statement (peace and blessings be upon him): “Whoever encloses land with a wall, it is his,” narrated by Ahmad and Abu Dawud from Jābir, and declared authentic by Ibn al-Jarud; the same wording is reported from Samurah. The hadith shows that fencing land entitles one to its ownership, provided the enclosure qualifies as what people customarily call a wall. If, however, he merely arranges stones, earth, or a low barrier that does not prevent entry, or digs a trench around it, he does not thereby own the land—although he does gain priority over others to complete its revival. He may not sell it unless and until he actually brings it to life.