Book of Reviving Dead Land

Land that has never been cultivated: if it lies within Muslim territory, a Muslim acquires ownership of it by reviving it, whereas a dhimmī may not. If the land is in the realm of non-Muslims, they may revive it; a Muslim may do so as well, provided they do not bar Muslims from that land.

Any tract that is already developed belongs to its owner. If the owner is unknown and the development was carried out by Muslims, the property is treated as lost wealth; if the development dates back to pre-Islamic times, the stronger view is that ownership can be gained through revival.

Through revival one does not acquire the ḥarīm (protected buffer) of an inhabited site, for that buffer is essential to full benefit. The ḥarīm of a village comprises its meeting square, the area where horses are exercised, the resting ground for camels, the refuse dump, and the like. The ḥarīm of a well in dead land includes the drawer’s standing place, the trough, the water-wheel, the pool where water gathers, and the animal’s walkway. The ḥarīm of a house in dead land covers an ash heap, a trash heap, a snow pile, and a passage directly in front of the door. The ḥarīm of qanat wells is whatever ground whose excavation would diminish the water or risk a collapse. A house completely surrounded by other houses has no ḥarīm.

Each owner may make customary use of his property; if he exceeds that, he is liable. The sounder opinion allows a man whose dwelling is hemmed in by other residences to convert it into a bathhouse, a stable, or—within a cloth-dealers’ market—into a blacksmith’s shop, provided he takes due precautions and reinforces the walls.

According to the sounder view, dead land inside the Ḥaram may be revived, but not in ʿArafah. I say: Muzdalifah and Minā are like ʿArafah, and Allah knows best.

The requirements for revival vary with the intended purpose. If one means to build a residence, the plot must be fenced, part of it roofed, and a door hung—though another opinion exists on the door condition—or it may be turned into a livestock pen.