Can land close to an inhabited area but not related to its necessities be revived?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
There are two narrations regarding land close to an inhabited area that is not connected to its necessities. The first narration permits its revival. Imam Ahmad, according to the narration of Abu Al-Saqr, stated that if two men revive adjacent plots of barren land and a piece remains between them, a third person coming to revive it cannot be prevented by the first two. Regarding a burial ground between two villages, whoever revives it owns it. This is the view of Al-Shafi'i, based on the generality of the saying of the Prophet, peace be upon him: "Whoever revives dead land, it belongs to him," and because the Prophet, peace be upon him, granted Bilal ibn Al-Harith Al-Muzani the land of Al-'Aqiq, knowing it was between the cultivated areas of Madinah. Since it is barren land not connected to the necessities of the inhabited area, its revival is permissible, like distant land.
Supporting text
The second narration prohibits its revival, which is the view of Abu Hanifa and Al-Layth. This prohibition is because it is potentially a site where necessities might arise, such as needing to open a door in one's wall onto that space, using it as a path, or placing building materials there; thus, preventing this potential need is not permissible, unlike distant land.