What is the legal status of land abandoned by its inhabitants out of fear of Muslims?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
Land abandoned by its inhabitants out of fear of Muslims immediately becomes *Waqf* (public endowment) for all Muslims because it is specifically designated for them, lacking any specific *ghanima* (spoils of war). Its ruling is thus equivalent to *Fay'* (land conquered without fighting), benefiting the entire Muslim community.
Supporting text
It is narrated that such land does not become a *Waqf* until the Imam formally establishes it as such. In that case, its ruling is the same as land taken by *Unwah* (conquest by force).