Chapter: Reviving Dead Land and Extracting Water

Whoever revives dead land acquires ownership of it, whether with the imam’s permission or without it.

Dead land is land that has not been developed and is not an appurtenance protected for developed land, even if it is contiguous with developed land. ʿAlī ibn Saʿīd said: “I asked Aḥmad: ‘Is a boundary to be set for land in relation to a village, determining how near or far it may be?’” He replied: “It has been narrated from al-Layth ibn Saʿd that it is a ghulwah or something similar, but I do not know what this means.” Thus, Aḥmad rejected al-Layth’s view that the distance between dead land and developed land should be measured by this distance.

In reviving dead land, it makes no difference whether it lies this distance from developed land or any other distance. Aḥmad said, according to the narration of Abū al-Ṣaqr—when he was asked about a man who had revived a tract of dead land, while another had revived a piece of land beside his, leaving a patch between the two tracts, and then a man came and occupied that patch: “May the two men prevent him from doing so?” He replied: “They may not prevent him, unless they themselves had revived it.”

He also said, according to the narration of ʿAlī ibn Saʿīd: “If land lies beside a city or village, and no one is harmed by someone taking possession of it, then it belongs to whoever revives it.” According to the narration of Yūsuf ibn Mūsā, he said: “Dead land that no one owns is found in the open country; but if it lies between villages, then it is not [considered dead land].” This is understood to mean that it is an appurtenance protected for developed land or connected to its interests.

The manner of reviving land intended for residence is to enclose it by constructing a wall; roofing the structure is not required.