Can land adjacent to an inhabited area (Amir) and related to its necessities be revived (Ihya)?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Reviving land adjacent to an inhabited area, which relates to its interests, such as its paths, drainage, refuse disposal area, or removed soil and equipment, is impermissible. This ruling applies without disagreement within the Madhhab. Similarly, land connected to the village's necessities, like its open space (Fana), grazing land for its livestock, firewood collection area, paths, and drainage, cannot be owned through revival. This is supported by the Prophetic saying: "Whoever revives dead land that is not the right of a Muslim, it belongs to him," implying that what is connected to a Muslim's right cannot be acquired by revival. Furthermore, such land is a dependency of the owned property; allowing its revival would invalidate the ownership of the inhabited property for its residents.
Supporting text
The Qadi stated that the reviver does not own these amenities (Marāfiq) through revival, but rather he has more right to them than others because the act of revival, which is the cause of ownership, did not occur upon them. Al-Shafi'i holds that such amenities are owned through the act of revival, which is the apparent meaning of Al-Khiraqi's view regarding the protected zone (Haram) of a well, as it is a place established by revival, making it owned, similar to the original revived land, and ownership rights are present as it is included in the sale of the dwelling and exclusively belongs to its owner.