Can land previously owned by a specific person be acquired through cultivation if it subsequently becomes uncultivated?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 3 · Bab 1

Open in Qurani

Primary text

Land that once had a specific owner, whether acquired through purchase or gift, cannot be acquired by cultivation; there is no disagreement on this point among scholars. This also applies to land that was previously cultivated through Iḥyā' but then abandoned until it reverted to being uncultivated. The argument for allowing its reclamation relies on the general wording of the Hadith 'Whoever revives a dead land, it is his' (Mālik's position), and the premise that the land's origin was permissible (mubāḥ), reverting to permissibility upon complete abandonment, similar to water returned to a river. However, the authoritative view holds that since the owner of this land is known (even if not currently possessed), it cannot be acquired by Iḥyā'. This is supported by the restrictive wording in other narrations: 'Whoever revives a dead land **not belonging to anyone**' or 'in other than the right of a Muslim,' which limits the general statement. Moreover, ownership generally does not lapse merely through abandonment for other types of property, unlike land.

Supporting text

Mālik permits acquisition of such land due to the generality of the Hadith and because its origin was permissible, reverting to permissibility upon becoming Mawat, analogous to returning water to a river.