The Cultivation of Barren Lands
Its Definition
The cultivation of barren lands refers a Muslim taking a land not possessed by any owner and looking after it by planting trees in it or constructing buildings on it or excavating a well in it. Due to his special attention and care for the land, he becomes the owner of it.
Its Ruling
The cultivation of barren lands is permissible and allowed.
The Messenger of Allah (SAW) said:
“If anyone makes a barren land productive, it belongs to him.”
(Ahmad and At-Tirmithi, who graded it Sahih)
Its Regulations
1) The barren land cannot be owned by the one who cultivated and renovated it except with the following two conditions:
First: That he truly cultivated it by planting trees, building houses, or excavating water wells. Therefore, it is not sufficient to revive it by planting crops, putting up signs, or fencing it in with a fence of thorns or something similar. Rather he is only more deserving of it than others.
Second: It should not exclusively belong to any person. The Messenger of Allah (SAW) said:
“Whoever cultivates a land that does not belong to anyone, then he has the most right to it.”
(Al-Bukhari)
2) If the land is near the city or within the town, it should not be cultivated without obtaining permission from the authorities. This is because perhaps the public utilities there belong to the Muslim Community. Thus, owning and possessing such land will cause inconveniences and harms to them.
3) The minerals of the barren land such as salts, petroleum, products, etc., which are related to the public welfare of the Muslim community, therefore, cannot be owned and possessed by cultivation or renovating. The Messenger of Allah (SAW) granted the mineral of salt to a person (who had cultivated a land). However, he changed his decision and requested him to return it.
(Abu Dawud and At-Tirmithi, who graded it Hasan)
4) If any running water appears from the barren land, the cultivator has more right to use this water than others. He takes whatever he needs from it before anyone else. The extra is for the Muslim public. The messenger of Allah (SWA) said:
“People collaborate in three things: water, pasture, and fire.”
(Ahmad and Abu Dawud, and Ibn Hajar graded its chain of narration Sahih)
Important Notes:
In the case of a protected area (that is reserved for public use) of a well on a land, if it is old and digging is only performed for its renovation, its area should be fifty cubits. If the well’s digging started recently (i.e., it is new) then its protected area of the land around it is twenty-five cubits. Thus the owner of well owns the area around the well, as some of the scholars of the Salaf acted according to this rule. It has also been reported in a Hadith:
“The protected approach area of the well is equal to the length of its rope.”
(Ibn Majah with a weak chain of narration)
The protected approach area of the tree or date palms is equal to the length of its branches or its palm-leaf stalk. Whoever owns a tree in a barren land he has the right to possess the area around it equal to the length of its branches and palm-leaf stalks. This is due to the Messenger of Allah’s statement:
“The protected approach area of the palm tree is equal to the length of its palm-leaf stalk.”
(Ibn Majah with a weak chain of narration)
The protected area of the house is equal to the space around it that is required for throwing the sweepings, the kneeling down of a camel, or parking of a car. If a man builds a house in the barren land, he has the right to the surrounding area, which is traditionally known as that which it annexes.