In a report from Yaʿqub ibn Bukhtan, he said: “I do not approve of whatever land grants these people make.”
Land grants are of two types. The first is a grant conferring ownership. In this case, the granted land falls into three categories: wasteland, developed land, and mineral deposits.
Wasteland is of two types. The first is land that has always remained wasteland, with no development ever having taken place upon it and no ownership having been established over it. This is the type of land that the ruler may grant to someone who will reclaim and develop it; the recipient of the grant has greater right than anyone else to reclaim it. Abu Bakr narrated through his chain of transmission from Ibn ʿUmar that the Prophet, Allah bless him and grant him peace, granted al-Zubayr the extent to which his horse could run. Al-Zubayr set his horse running until it stopped, then threw his whip, and the Prophet said: “Give him the land as far as the whip reached.”
The second type of wasteland is land that was once developed, then fell into ruin and became barren and unused. This is itself of two types.
The first is land dating from the pre-Islamic period, such as the land of ʿĀd and Thamūd. It is like wasteland on which no development has ever been established, and it may be granted. The Messenger of Allah, Allah bless him and grant him peace, said: “Ancient land belongs to Allah and His Messenger; thereafter, it is yours from me”—meaning the land of ʿĀd.
The second is land that had been under Muslim ownership, then fell into ruin until it became barren and unused. There are two reports concerning it. According to the first, it cannot be acquired through reclamation, regardless of whether its owners are known or unknown. According to the second, if its owners are known, it cannot be acquired through reclamation; but if they are unknown, ownership is acquired through reclamation.
If we follow the first report—that it cannot be acquired through reclamation—is it permissible to grant it? This requires consideration. If its owners are known