What is the ruling regarding the practice of *Hima* (reserving land for exclusive grazing)?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
The practice of *Hima*, which involves reserving land from uncultivated areas to restrict public grazing rights for the exclusive benefit of an individual, is prohibited. The Messenger of Allah, peace be upon him, forbade it because it restricts the people and prevents them from utilizing something to which they have a right. The prohibition is evidenced by the statement, "There is no *Hima* except for Allah and His Messenger" (Reported by Abu Dawud). Furthermore, the people are partners in three things: water, fire, and fodder (or pasture), as stated in the narration, "The people are partners in three: water, fire, and pasture" (Reported by Al-Khallal). Consequently, no ordinary person has the right to establish a *Hima*.
Supporting text
The Prophet, peace be upon him, had the right to establish *Hima* for himself and the Muslims. However, he did not reserve any for his personal use, establishing the *Hima* of Al-Naqi' for the horses of the Muslims (Reported by Abu Ubaid via Ibn Umar).