it could not be granted, and they would have greater right to sell it and reclaim it. If they were unknown, it could be granted, and the grant would be a precondition for lawfully reclaiming it; ownership of it would not be established before its reclamation. If the grantee began reclaiming it, he would become its owner upon completing the reclamation. If he delayed reclaiming it because of an evident excuse, he would not be challenged concerning it, and it would remain in his possession until his excuse came to an end. But if he had no excuse and a period sufficient for him to reclaim it elapsed, he would be told: “Either reclaim it, in which case it will remain in your possession, or relinquish your claim to it so that it may return to the condition it was in before it was granted.”

If an aggressor seized this granted wasteland and reclaimed it, the person who reclaimed it would have greater right to it than the grantee. As for developed land, it is of two types. The first is land whose owners are known. The ruler has no authority over it except with regard to the rights of the public treasury pertaining to that land when it is in the abode of Islam, regardless of whether it belongs to a Muslim or a dhimmi. If it is in the abode of war, over which the Muslims have not established authority, and the imam wishes to grant it so that the grantee may own it upon conquering it, this is permissible.

Tamim al-Dari asked the Messenger of Allah, Allah bless him and grant him peace, to grant him the water sources of the Syrian town in which he lived before its conquest, and he did so. Abu Thaʿlaba al-Khushani asked him to grant him land that was in the possession of the Romans. The Messenger was pleased by this and said, “Will you not listen to what he is saying?” Abu Thaʿlaba replied, “By Him who sent you with the truth, you will surely conquer it.” So he wrote him a document to that effect.

Likewise, if someone asked that one of its captives or children be given to him, so that he would have first claim to that person when it was conquered, this would be permissible, and the gift would be valid despite the person being unspecified, since the general circumstances made the grant sufficiently identifiable. Al-Shaʿbi narrated that Khuraym ibn Aws ibn Harithah al-Taʾi said to the Messenger of Allah, Allah bless him and grant him peace: “If Allah grants you victory over al-Hirah, give me the daughter of Buqaylah.” When Khalid intended to make peace with the people of al-Hirah, Khuraym said to him, “The Messenger of Allah, Allah bless him and grant him peace, granted me the daughter of Buqaylah, so do not include her