Al Sab bin Jaththamah reported the Messenger of Allah ﷺ as saying “There is no (permission for) protected land except for Allaah and His Prophet. Ibn Shihab said “It has reached me that the Messenger of Allah ﷺ protected Naqi’. ”
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
For the supreme ruler or any individual to designate a pasture exclusively for himself means that he prevents others from benefiting from the grass, water, wood, etc., of that place, and neither cultivates nor settles it himself.
In the era of ignorance (Jahiliyyah), it used to happen that a powerful person would make his dog bark from a high place and would appoint his men around the area.
Wherever the sound of the dog reached, he would reserve that land for himself and his animals.
He would not allow others to benefit from it.
In Islam, this is not permitted except if it is for the general welfare of the Muslims.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3083
Maulana Dawood Raz
Hadith Commentary:
The meaning of the hadith is that in the wilderness, it is not permissible for anyone to reserve pasture, restrict grass, or prohibit hunting, except for Allah and His Messenger (sallallahu alayhi wa sallam).
The Imam and Caliph are also representatives of the Messenger.
Other than them, it is not permissible for people to reserve or protect pasture.
This is the view of the Shafi'is and the Ahl al-Hadith.
Naqi‘ is a place twenty miles from Madinah, and Sarf and Rabadhah are also names of locations.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2370
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
By "Hima" is meant that protected area which is owned by the government. There, animals received as charity (sadaqah) and similar livestock belonging to the government graze. In the era of ignorance (Jahiliyyah), it was customary that wherever there was grass or the lowland of a valley, the great chieftains would announce that as far as the barking of their dogs could be heard, that area was their prohibited zone. No other person was allowed to enter there. The Messenger of Allah (sallallahu alayhi wa sallam) commanded that this is the property of the government; apart from this, no one else can make unused land into a pasture. However, if someone wishes to make a pasture on his own owned land, there is no restriction on this.
(2)
Although Muslims can benefit from valleys, mountains, and unused land, they cannot become their owners; this right belongs only to the government, that it may declare any unused land as a pasture. In such a pasture, horses for jihad, camels, and animals of zakat, etc., may be grazed. In any case, forests, mountain peaks, valleys, and the pastures around seasonal streams and rivers are the property of the government of the time; no one else is permitted to take possession there, because such places are reserved for welfare projects and national settlement.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2370
Shaykh Umar Farooq Saeedi
Benefits and Issues:
At this place, the camels given in charity (sadaqah) were kept.
It is permissible for the Imam of the Muslims, in view of governmental interest, to designate a particular area as a pasture or for any other purpose; this is not permissible for the general public.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3084
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this hadith, it is understood that it is obligatory upon a Muslim to abstain from unlawful (haram) acts. Whoever commits a haram act is just like someone who has transgressed the boundaries set by Allah, the Exalted.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 800