English translation
1378. Sa'eed bin Zaid narrated that the Prophet ﷺ said: "Whoever revives a barren land then it is for him, and there is no right for the unjust root." (Ṣaḥīḥ) [Abū 'Eisā said:] This Hadīth is Ḥasan Gharīb. Some of them reported it from Hishām from 'Urwah, from his father, from the Prophet ﷺ in Mursal form. This [Hadīth] is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. It is the view of Aḥmad and Ishāq. They said he may revive the barren land without the permission of the Sultān. Some of them said he is not to revive it without the permission of the Sultān. But the first view is more correct. [He said:] There are narrations on this topic from Jābir, 'Amr bin 'Awf Al-Muzanī's great-grandfather, and Samurah. Abū Mūsā Muḥammad bin Al-Muthanna narrated to us, he said: "I asked Abul-Walīd Aṭ-Ṭayālīsī about his saying: 'and there is no right for unjust root' he said: 'The unjust root: The usurper who takes what is not his.' I said: 'So he is a man who farms a land that is not his?' He said: 'That is it.'" Anas said: 'The explanation of the Hadīth of the Prophet ﷺ: "The injuries caused by the animals are without liability" it is said: "It is impunity that there is no blood money for." [Abū 'Eisā said:] As for the meaning of his saying: "The injuries caused by the animal are without liability" some of the people of knowledge explained it saying that Al-'Ajmā is the animal that has wandered away from its owner. So whatever it has damaged in its wandering, then it is no crime upon its owner. And: "mines" it is said that when a man excavates a mine and someone falls into it then there is no crime upon him. The same with a well, if a man digs a well by the road and someone falls into it then there is no crime upon the owner. And: "the Khumus is due on buried treasure" Ar-Rikāz (buried treasure) is something discovered that was buried by the people of Jāhiliyyah. Whoever finds such buried treasure, he pays one fifth of it to the Sūltān, whatever remains belongs to him.
