سنن ابي داود
Abu Dawud
كتاب الخراج والفيء والإمارةTribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai Wal-Imarah)
باب فِي إِحْيَاءِ الْمَوَاتِChapter: Reviving Dead Land.
Hadith 3073
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، حَدَّثَنَا عَبْدُ الْوَهَّابِ ، حَدَّثَنَا أَيُّوبُ ، عَنْ هِشَامِ بْنِ عُرْوَةَ ، عَنْ أَبِيهِ ، عَنْ سَعِيدِ بْنِ زَيْدٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " مَنْ أَحْيَا أَرْضًا مَيْتَةً فَهِيَ لَهُ وَلَيْسَ لِعِرْقٍ ظَالِمٍ حَقٌّ " .
Narrated Saeed ibn Zayd: The Prophet ﷺ said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Since nowadays the government is the owner and administrator of all lands,
therefore, it is reasonable to first seek permission from it.
In fact, settlement schemes are also introduced by the government.
➋
By "oppressive vein" is also meant those trees
which someone plants in another person's land without permission,
or if someone builds a house.
He will be told
to remove his tree or to clear away the debris of the house, unless the owner of the land himself is pleased, as is mentioned in the following hadith.
➊
Since nowadays the government is the owner and administrator of all lands,
therefore, it is reasonable to first seek permission from it.
In fact, settlement schemes are also introduced by the government.
➋
By "oppressive vein" is also meant those trees
which someone plants in another person's land without permission,
or if someone builds a house.
He will be told
to remove his tree or to clear away the debris of the house, unless the owner of the land himself is pleased, as is mentioned in the following hadith.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3073
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الخراج والإمارة، باب في إحياء الموات، حديث:3073، والترمذي، الأحكام، حديث:1378، والنسائي في الكبرٰي:3 /405، حديث:5761.»©Explanation:
In both these hadiths, permission is granted to cultivate land, to sow crops in it, to plant orchards, and to dig wells or similar means to store water, so that whoever revives barren land, it will become his property.
In other words, in Islam, there is no concept of leaving land idle and unproductive.
It must, in every way, be cultivated.
This is also a requirement for the stability of any country.
From this, evidence for individual ownership is also established.
«أخرجه أبوداود، الخراج والإمارة، باب في إحياء الموات، حديث:3073، والترمذي، الأحكام، حديث:1378، والنسائي في الكبرٰي:3 /405، حديث:5761.»©Explanation:
In both these hadiths, permission is granted to cultivate land, to sow crops in it, to plant orchards, and to dig wells or similar means to store water, so that whoever revives barren land, it will become his property.
In other words, in Islam, there is no concept of leaving land idle and unproductive.
It must, in every way, be cultivated.
This is also a requirement for the stability of any country.
From this, evidence for individual ownership is also established.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 777
