Bulugh al-Maram

Takhrij:
«أخرجه البخاري، الحرث والمزارعة، باب من أحيا أرضًا مواتًا، حديث:2335.»©Explanation:
➊ According to this hadith, any barren and uncultivated land that someone cultivates becomes his property, provided that it is not already owned by a Muslim or a dhimmi.
There is no need for the permission of the ruler of the time in this matter.
This is the opinion of the majority of scholars; however, Imam Malik rahimahullah says that permission from the imam or ruler should be sought if the land is located near a populated area.
According to Imam Abu Hanifah rahimahullah, it is necessary to seek the ruler’s permission in every case.
➋ This ruling is only for Muslims; there is no allowance for non-Muslims in this regard.

Hadith Commentary:
From the statements of Umar radi Allahu anhu and Ali radi Allahu anhu, it is evident that the cultivation of such barren lands, and then their ownership, all these matters are dependent upon the permission of the ruling authority of the time.

The decision that Umar radi Allahu anhu made is still the law enforced in most countries today.

This is extremely necessary for the cultivation of uncultivated lands.

Imam Malik rahimahullah has connected the narration of Urwah in the Muwatta.

And in another narration of it, which Abu Ubayd Qasim ibn Sallam has recorded in Kitab al-Amwal, it is mentioned that during the time of Umar radi Allahu anhu, people began to withhold lands, so he enforced this law: whoever cultivates barren land, it will become his.

The meaning was that mere possession or withholding does not establish the right of ownership over such land until it is cultivated.

Hafiz Sahib has transmitted, with reference to Tahawi, that: "A man from the people of Basra, named Abu Abdullah, went to Umar and said: 'In the land of Basra, there is a piece of land that does not harm any Muslim, nor is it land subject to kharaj (land tax). If you wish, grant it to me so that I may plant reeds and olive trees in it.' So Umar wrote to Abu Musa: 'If it is as he says, then grant it to him.'" (Fath)

That is, a resident of Basra named Abu Abdullah presented himself before Umar radi Allahu anhu and informed him that there is a piece of land in Basra from which no Muslim suffers any harm.

Nor is it subject to kharaj.

If you grant it to me, I will plant olive and other trees in it.

He wrote to the governor of Basra, Abu Musa Ash'ari radi Allahu anhu, instructing him to go and inspect the land.

If the matter is as stated, then grant that land to this person.

It is thus understood that for the cultivation of surplus land, the permission of the ruling authority of the time is necessary.

Hadith Commentary:
(1)
Land can be developed in several ways, for example:
It can be prepared for cultivation or an orchard can be planted there; similarly, the land can be used for a factory or workshop, or houses can be constructed there. Additionally, pastures for livestock are also included in its development.

(2)
In the present era, the owners of land are either landlords or the government; before developing it, permission must be obtained from the government. After that, if it is developed, then that person has a greater right to that land.
Taking such action without the government's permission can lead to chaos, and mere possession does not establish the right of ownership.
The narration also mentions the decision of Umar radi Allahu anhu. Umar radi Allahu anhu had announced that whoever left land unused for three years and did not develop it, and after that someone else developed it, then it would become the property of the one who developed it. On this basis, if a person holds barren land for three years and does not develop it, the government can take it back from him and give it to someone else who will develop it.
Merely taking possession of land is not considered developing it.

(3)
In this regard, a decision is recorded as follows, which was made by Umar radi Allahu anhu.
A person named Abu Abdullah, who lived in Basra, came to Umar radi Allahu anhu and informed him that there was a piece of land lying vacant in Basra which was not causing harm to any Muslim, nor was it subject to land tax (kharaj). If you allot it to me, I will cultivate bamboo and olives there and develop it.
He wrote to the governor of Basra, Abu Musa radi Allahu anhu, instructing him to go and inspect the land, and if the matter was as described, then allot that land to him.
(Fath al-Bari: 26/9)

(4)
From this incident, it is also evident that for developing surplus and barren lands, the permission of the ruling government is necessary.