Chapter 16-Cultivation of a Barren Land (making it fertile)

943. 'Urwah narrated on the authority of' A'ishah that 'Allah's Messenger said, "He who cultivates land that does not belong to anybody has more right to it than anybody else (i.e. to own it)." 'Urwah said, 'Umar gave the same verdict during his Caliphate. Related by Al-Bukhari.







944. Sa'id bin Zaid narrated that the Messenger of Allah said, "He who cultivates a barren land (makes it fertile), it belongs to him." Related by the three Imams, At-Tirmidhi graded it as Hasan.







945. Ibn' Abbas narrated that As-Sa'b Jath-thamah al-Laithi told him that the Prophet said, ''No Hima (289) except for Allah and His Messenger " Related by Al-Bukhari.

289. A Hima is an area in which grazing is only restricted -unjustly- to a certain person who prohibited others from entering it or letting their animals graze in it. They used to practice this in Jahiliyah by letting a dog bark on a high land. and as far as his barking is heard, is considered a Hima for this person. The Messenger of Allah prohibited this and only allowed it for the Imam Or the ruler of the Muslims, who can make an area of land as Hima for a purpose which he considers to be beneficent for the Muslims such as making it a Hima for the grazing of the camels of Zakah. This Hadith prohibits taking a Hima by anybody except as that which the Messenger of Allah took as Hima. i.e. it is only the right of the Imam Or ruler of the Muslims. 'Umar bin al-Khattab made places called ar-Rabadha and ash-Sharaf Hima for grazing the animals of Zakah.







946. Ibn 'Abbas (RAA) narrated that the Messenger of Allah said,"(One may) neither initiate harm (to himself or towards others) nor reciprocate (their actions) by harming (them)."
Related by Ahmad and Ibn Majah.






947. Malik transmitted a similar tradition on the authority of Abu Sa'id.







948. Samurah bin Jundub narrated that the Messenger of Allah said, "Whoever surrounds a barren land with a wall, it belongs to him." Related by Abu Dawud Ibn al-Garud graded it as Sahih.







949. 'Abdullah bin Mughaffal narrated that the Messenger of Allah said, "Whoever digs a well (in a barren land which does not belong to anybody) he is entitled to get forty cubits (a cubit is 0.58 m in Egypt) of this land as a resting place for his cattle near the water." Related by Ibn Majah with a weak chain of narrators.






950. 'Alqamah bin Wali narrated on the authority of his father that the Messenger of Allah assigned him a piece of land in Hadramut, Related by Abu Dawud and At-Tirmidhl.






951. Ibn 'Umar narrated that the Messenger of Allah assigned Az-Zubair the size of land his horse could cover at a run. So he made his horse run and when it stopped he threw down his whip. The Messenger of Allah said, "Give him a piece of land up to the point where his whip has reached." Related by Abu Dawud but he rated it as weak.






952. A man from the Companions of the Prophet said, 'I went on an expedition with the Prophet , and] heard him say,"People are partners in three (things):herbage, water and fire." Related by Ahmad and Abu Dawud wi th a reliable chain of narrators.