It is narrated from Sayyidah Aishah (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said: "Whoever cultivates land that belongs to no one, he is more entitled to it." Urwah said: Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) gave judgement accordingly during his caliphate.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11812
Kathir bin Abdullah bin Amr bin Awf narrates from his father, and he from his grandfather (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said: "Whoever revives barren land, he is more entitled to it, and the 'one with an unjust root' ('irq zalim) has no right."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11813
It is narrated from Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "Whoever revives barren land has a reward in it, and whatever those seeking sustenance eat from it is charity for him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11814
It is narrated from Sayyiduna Samurah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Whoever builds a wall around land, it is his."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11818
It is reported from Sayyiduna Anas (may Allah be pleased with him) concerning the mountain passes that the Messenger of Allah (peace and blessings be upon him) said: "Whatever you enclose is yours, and whatever is not enclosed is for Allah and His Messenger (peace and blessings be upon him)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11819
Hadith Gradingمحدثین:ضعيف
Hadith Takhrij«ضعيف۔أخرجه ابن عدي في الكامل 1167»
Salim bin Abdullah narrates from his father (may Allah be pleased with them both) that in the time of Umar (may Allah be pleased with him) people used to mark off land with stones. He said: "Whoever revives land, it is his." Yahya says: It is as if he did not make it his merely by marking it off until he revives it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11820
It is reported from Amr bin Shu'ayb (may Allah have mercy on him) that Sayyiduna Umar (may Allah be pleased with him) fixed the period for marking off land at three years. So if he leaves it until three years pass, and then someone other than that man revives it, he is more entitled to it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11821
Alqamah bin Nadlah (may Allah have mercy on him) says that Abu Sufyan bin Harb (may Allah be pleased with him) was standing in the courtyard of his house. He struck the ground with his foot and said: The land is like a hump; and Ibn Farqad al-Aslami (may Allah be pleased with him) claimed that I do not know my right from his. The white is mine and the black is his, and my land is from here to there. When this reached Sayyiduna Umar bin al-Khattab (may Allah be pleased with him), he said: Each person has only what his walls enclose. Reviving barren land means that it is cultivated, or a pit is dug in it, or it is enclosed with walls.
The Shaykh said: I think his words "Reviving barren land" to the end are the words of al-Shafi'i, for al-Humaydi narrated it from Abd al-Rahman bin al-Hasan without them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11822
Hakim bin Ruzayq says: I read the letter of Umar bin Abd al-Aziz (may Allah have mercy on him) that came to my father: Grant them what they have revived, with buildings or with cultivation.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب إحياء الموات / 11823