Chapter on Reviving Barren Lands and Properties

The Prophet (peace and blessings be upon him and his family) said: "Whoever plants a tree from the beginning, or digs a valley that no one has preceded him in, or revives dead land, then it belongs to him, this is a decree from Allah سبحانه وتعالى, the Mighty and Glorious, and His Messenger."

It is narrated from Al-Hasan bin Ali Al-Washsha' who said: I asked Abu Al-Hasan عليه السلام about a man who purchased a specified number of plots of land from another man for one hundred kurr, with the condition that he would give him the payment from the yield of the land. Imam عليه السلام said: "This is forbidden." I said: "May I be your ransom, what if he purchases the land with a specified measure and with wheat from elsewhere?" Imam عليه السلام said: "There is no harm in that."

It is narrated from Abu Al-Rabi' Al-Shami, from Abu Abdillah عليه السلام, who said: "Do not purchase anything from the lands of the Sawad except from those who have a covenant, for it is a spoils (fay') for the Muslims."

Al-Hasan bin Mahbub narrated from Abdullah bin Sinan, from Abu Abdillah عليه السلام, who said: Imam عليه السلام was asked, while I was present, about a man who revived dead land, dug a canal in it, built houses, and planted palm trees and other trees. Imam عليه السلام said: "It belongs to him, and he is entitled to the rent of its houses. However, he must pay a tenth (ʿushr) of what is watered by rain, a valley stream, or a spring. As for what is watered by buckets or water-lifting devices, he must pay half of a tenth (nisfu al-ʿushr)."

Sama'ah asked him about a man who entered into a farming partnership with a Muslim or a covenant holder (Mu'ahid) and spent on it, but then decided to sell it. Imam عليه السلام said: "He may sell it for silver coins, for its origin is food."

Abdullah bin Sinan asked him about staying with the people who pay land tax (Ahl al-Kharaj). Imam عليه السلام said: "Three days."

It is narrated from Ali bin Mahziyar who said: I asked Abu Ja'far Al-Thani عليه السلام about a house that belonged to a woman who had a son and a daughter. The son went missing at sea, and the woman died. The daughter claimed that her mother had transferred the ownership of the house to her and sold portions of it, leaving a remaining portion beside the house of one of our brothers. This brother was reluctant to purchase it due to the absence of the son and the concern that buying it might not be permissible, as there was no news about the son. Imam عليه السلام asked: "How long has he been missing?" I said: "For many years." Imam عليه السلام said: "He should wait for the son's absence for ten years, and then he may purchase it."

Muhammad bin Al-Hasan Al-Saffar, may Allah سبحانه وتعالى have mercy on him, wrote to Abu Muhammad Al-Hasan bin Ali عليه السلام regarding a man who purchased a house in a property with all its rights, and there was another house above it. He asked whether the upper house is included in the rights of the lower house or not. Imam عليه السلام responded: "He is entitled only to what he purchased by its name and specified location, if Allah سبحانه وتعالى wills."

He wrote to Imam عليه السلام regarding a man who said to two witnesses, "Bear witness that the entire house which he owns in such-and-such a location, with all its boundaries, belongs to so-and-so, along with all the belongings he has in the house." However, the witnesses did not know what the belongings were. Imam عليه السلام responded: "It is valid if the purchase encompasses all of that, if Allah سبحانه وتعالى wills."

He wrote to Imam عليه السلام regarding a man who owned several plots of land and was preparing to leave for Mecca. The village was several stages away from his residence, and he did not have enough time to specify the boundaries of his land. Instead, he identified the four boundaries of the entire village and said to the witnesses, "Bear witness that I have sold to so-and-so (the buyer) the entire village, with its specified boundaries." However, in reality, he only owned some plots of land within that village. The question was whether this sale was valid for the buyer, given that the seller acknowledged ownership of the whole village. Imam عليه السلام responded: "It is not permissible to sell what one does not own. However, the purchase is valid for the portion that the seller actually owns."

He wrote to Imam عليه السلام regarding a man who made another person a witness that he had sold an estate to another man. The estate consisted of several plots of land, but the boundaries were not specified at the time the witness was called. The seller then said: "When they bring you the boundaries, testify to them." The question was whether it was permissible for the witness to testify in such a case. Imam عليه السلام responded: "Yes, it is permissible, and all praise is due to Allah سبحانه وتعالى."

He wrote to Imam عليه السلام asking whether it is permissible for a witness, who was called to testify about the sale of an estate without specifying its boundaries, to later testify to the boundaries based on the statements of other people from the village who identified and confirmed the boundaries of the estate. The question was whether this witness, who initially testified to the sale, could now testify to the boundaries based on their statements. Imam عليه السلام responded: "Do not testify except based on the statement of the owner of the property, if Allah سبحانه وتعالى wills."

It is narrated from Jarrah Al-Mada'ini who said: I asked Abu Abdillah عليه السلام about a house that contains three rooms, and these rooms do not have separate enclosures. Imam عليه السلام said: "Permission is required for the rooms, but there is no need for permission regarding the house."