Tirmidhi

Commentary:
Note:
(This chain is continuously weak:
"Thumamah" is lenient in hadith,
and "Sameer" is unknown,
but by being strengthened through another narration of Abu Dawood (no. 3065), this hadith is hasan li-ghayrihi (good due to corroborating evidence).
Its authentication has been done by Ibn Hibban and its grading as hasan by al-Albani (with the exception of "ma lam tanluhu khuffaf" [unless the leather socks have not been reached]). See:
Sahih Abi Dawood no. 2694) and (on the basis of a supporting narration, it is hasan li-ghayrihi as mentioned previously).

Benefits and Issues:
➊ Such lands that were previously uncultivated and have been granted to someone by the Islamic government,
➋ or if someone has cultivated an uncultivated land on their own and has become its owner,
➌ then it is not permissible to prevent the general public from benefiting from the trees that were already present, nor from those that grow naturally, such as bushes, etc.
➍ Likewise, it is not ethically correct to prevent those in need from accessing naturally growing grass or bushes.
➎ However, if the owner has personally cultivated something,
➏ then he has the right to prevent others from benefiting from it.

Benefits and Issues:
It is deduced from this hadith that such mines whose profits are apparent and which pertain to the general public should not be given into the exclusive ownership of any individual. This is in contrast to those mines which are extracted through effort and toil.

➋ The Imam has the right to revoke a grant after giving it.

➌ It is not blameworthy for a judge (qadi) to retract his own verdict.

➍ The companions of the Imam and the judge should inform them of any matters or points that are not clear to them.

Benefits and Issues:
➊ The head of an Islamic government can grant a piece of land to a Muslim as a reward for a particular achievement; this is called a fief (jagir).

➋ In a fief (jagir), such things should not be given which are needed by the general public.

➌ At the location of Sadd Marib, sea salt was obtained, which anyone could take to fulfill their needs and could also take to another place to sell. Abu Bayd radi Allahu anhu wished that the proprietary rights of this be given to him, and the Messenger of Allah sallallahu alayhi wa sallam accepted his request.

➍ If a subject presents a beneficial suggestion, it should be accepted, even if the ruler has to change a previous decision for it.

➎ Abu Bayd radi Allahu anhu, instead of returning it, gave it in charity (sadaqah); in this way, the benefit for the Muslims that was intended by the return was also achieved, and the reward of charity was also attained.

➏ Time is not anyone’s property; every person has the right to benefit from it.

➐ Farrukh bin Sa’id rahimahullah was the great-grandson of Abu Bayd radi Allahu anhu and was a contemporary of Imam Malik.