Written by: Imran Ayub Lahori
Linguistic meaning:
The word Iḥyāʾ comes from أَحْيَا يُحْيِي (form IV), meaning “to bring to life” or “to cultivate land.”
[Lisān al-ʿArab, 3/424; al-Qāmūs al-Muḥīṭ, p. 1649]
Sharʿī definition:
To cultivate unused land (that has never been owned) by watering, farming, or building on it.
[Nayl al-Awṭār, 5/320]
Linguistic meaning:
The word Iqṭāʿ comes from أَقْطَعَ يُقْطِعُ (form IV), meaning “to allot or grant a piece of land.”
[al-Qāmūs al-Muḥīṭ, p. 973; Lisān al-ʿArab, 11/224]
Sharʿī definition:
Granting a portion of unowned barren land or mineral rights to a needy individual, with the condition that the land is not already privately owned.
[Nayl al-Awṭār, 5/328; al-Fiqh al-Islāmī wa Adillatuh, 6/4642]
① Jābir رضي الله عنه narrated that the Prophet ﷺ said:
من أحيا أرضا ميتة فهي له
“Whoever revives dead land, it belongs to him.”
[Ṣaḥīḥ: Irwāʾ al-Ghalīl, 1550; Aḥmad 3/304; al-Tirmidhī 1379; Ibn Ḥibbān 1139]
② ʿĀʾishah رضي الله عنها narrated that the Prophet ﷺ said:
من عمر أرضا ليست لأحد فهو أحق بها
“Whoever cultivates land that is not owned by anyone is more entitled to it.”
[Bukhārī 2335]
Preferred Opinion: The view of Imām al-Shāfiʿī and others is stronger, being closer to the hadith and the opinion of the majority.
[Sabil al-Salām, 3/1236]
① Asmāʾ bint Abī Bakr رضي الله عنها narrated that al-Zubayr رضي الله عنه owned land التي أقطعه رسول الله صلى الله عليه وسلم —“which the Prophet ﷺ had granted him.”
[Bukhārī 5224; Muslim 2182]
② Anas رضي الله عنه said:
The Prophet ﷺ intended to grant land in Bahrain to the Anṣār, but they requested it also be given to the Muhājirīn. He replied:
“After me, others will be preferred over you, so be patient until you meet me.”
[Bukhārī 2376]
③ Wāʾil ibn Ḥujr رضي الله عنه said:
أن النبى صلى الله عليه وسلم أقطعه أرضا بحضر موت
“The Prophet ﷺ granted me land in Ḥaḍramawt.”
[Ṣaḥīḥ: Abū Dāwūd 2631; al-Tirmidhī 1381]
④ ʿAbd al-Raḥmān ibn ʿAwf رضي الله عنه said:
“The Prophet ﷺ granted me and ʿUmar ibn al-Khaṭṭāb رضي الله عنه certain land.”
[Aḥmad 1/192]
Two apparently conflicting reports:
① Abyaḍ ibn Ḥammāl رضي الله عنه was granted a salt mine by the Prophet ﷺ. A man said: “You have given him permanent benefit,” so the Prophet ﷺ took it back.
[Ḥasan: Ibn Mājah 2006; al-Tirmidhī 1380; Abū Dāwūd 3064]
② The Prophet ﷺ granted Bilāl ibn al-Ḥārith al-Muzanī رضي الله عنه mines along the seashore.
[Ḥasan: Abū Dāwūd 2632; al-Muwaṭṭaʾ 519]
Reconciliation:
◈ Definition of Reviving Barren Land (Iḥyāʾ al-Mawāt)
Linguistic meaning:
The word Iḥyāʾ comes from أَحْيَا يُحْيِي (form IV), meaning “to bring to life” or “to cultivate land.”
[Lisān al-ʿArab, 3/424; al-Qāmūs al-Muḥīṭ, p. 1649]
Sharʿī definition:
To cultivate unused land (that has never been owned) by watering, farming, or building on it.
[Nayl al-Awṭār, 5/320]
◈ Definition of Iqṭāʿ (Land Grant)
Linguistic meaning:
The word Iqṭāʿ comes from أَقْطَعَ يُقْطِعُ (form IV), meaning “to allot or grant a piece of land.”
[al-Qāmūs al-Muḥīṭ, p. 973; Lisān al-ʿArab, 11/224]
Sharʿī definition:
Granting a portion of unowned barren land or mineral rights to a needy individual, with the condition that the land is not already privately owned.
[Nayl al-Awṭār, 5/328; al-Fiqh al-Islāmī wa Adillatuh, 6/4642]
◈ Evidence from the Sunnah
① Jābir رضي الله عنه narrated that the Prophet ﷺ said:
من أحيا أرضا ميتة فهي له
“Whoever revives dead land, it belongs to him.”
[Ṣaḥīḥ: Irwāʾ al-Ghalīl, 1550; Aḥmad 3/304; al-Tirmidhī 1379; Ibn Ḥibbān 1139]
② ʿĀʾishah رضي الله عنها narrated that the Prophet ﷺ said:
من عمر أرضا ليست لأحد فهو أحق بها
“Whoever cultivates land that is not owned by anyone is more entitled to it.”
[Bukhārī 2335]
◈ Is Ruler’s Permission Required?
- Abū Ḥanīfah: Requires permission of the ruler.
- Mālik: Permission is needed if the land is near populated areas; otherwise not.
- Al-Shāfiʿī, Aḥmad, Abū Yūsuf, Muḥammad: Ownership is gained by revival without ruler’s permission.
Preferred Opinion: The view of Imām al-Shāfiʿī and others is stronger, being closer to the hadith and the opinion of the majority.
[Sabil al-Salām, 3/1236]
◈ Ruler’s Right to Grant Land or Resources
① Asmāʾ bint Abī Bakr رضي الله عنها narrated that al-Zubayr رضي الله عنه owned land التي أقطعه رسول الله صلى الله عليه وسلم —“which the Prophet ﷺ had granted him.”
[Bukhārī 5224; Muslim 2182]
② Anas رضي الله عنه said:
The Prophet ﷺ intended to grant land in Bahrain to the Anṣār, but they requested it also be given to the Muhājirīn. He replied:
“After me, others will be preferred over you, so be patient until you meet me.”
[Bukhārī 2376]
③ Wāʾil ibn Ḥujr رضي الله عنه said:
أن النبى صلى الله عليه وسلم أقطعه أرضا بحضر موت
“The Prophet ﷺ granted me land in Ḥaḍramawt.”
[Ṣaḥīḥ: Abū Dāwūd 2631; al-Tirmidhī 1381]
④ ʿAbd al-Raḥmān ibn ʿAwf رضي الله عنه said:
“The Prophet ﷺ granted me and ʿUmar ibn al-Khaṭṭāb رضي الله عنه certain land.”
[Aḥmad 1/192]
◈ Minerals and the Ruling on Granting Them
Two apparently conflicting reports:
① Abyaḍ ibn Ḥammāl رضي الله عنه was granted a salt mine by the Prophet ﷺ. A man said: “You have given him permanent benefit,” so the Prophet ﷺ took it back.
[Ḥasan: Ibn Mājah 2006; al-Tirmidhī 1380; Abū Dāwūd 3064]
② The Prophet ﷺ granted Bilāl ibn al-Ḥārith al-Muzanī رضي الله عنه mines along the seashore.
[Ḥasan: Abū Dāwūd 2632; al-Muwaṭṭaʾ 519]
Reconciliation:
- Maʿādin ẓāhirah (surface minerals like salt, oil, antimony) require no effort; they are not to be granted exclusively.
- Maʿādin bāṭinah (subsurface minerals like gold, silver, iron, copper) require effort to extract and may be granted.
◈ Difference Between Mineral (Maʿdan) and Treasure (Rikāz)
- Maʿdan: A natural part of the land (e.g., gold mine).
- Rikāz: A buried treasure, not part of the land’s formation.
[Tabyīn al-Ḥaqāʾiq, 1/287]
