through revival. This was transmitted by Salih and others. This is also the school of Abu Hanifah and Malik, due to the generality of the reports, and because it is dead land in which no specific group has a right; it is similar to that which has not been subject to the ownership of any owner. Moreover, if it is in the Abode of Islam (Dar al-Islam), it is like lost property found in the Abode of Islam, and if it is in the Abode of Disbelief (Dar al-Kufr), it is like a buried treasure (rikaz).

Section: There is no difference in what we have mentioned between the Abode of War (Dar al-Harb) and the Abode of Islam; this is due to the generality of the reports, and because the cultivated land of the Abode of War is only owned through conquest and overcoming, like the rest of their property. As for what is known to have been owned, but for which no specific owner is known, it is subject to the two narrations. If it is said: "This is the property of a disbeliever which has no sanctity, so it resembles the dwellings of 'Ad, and the statement of the Prophet (peace and blessings of Allah be upon him), 'Ancient land belongs to Allah and His Messenger,' has indicated this. And because rikaz is from their property and its finder owns it, so this is more appropriate." We say: His statement, "Ancient land," means that which was previously owned and over which ages have passed; and what was like that, its owner has no authority over it. As for that whose ownership was recent, it is possible that it still has an owner, even if he is not identified, and for this reason, we said: It cannot be owned, according to one of the two narrations. As for rikaz, it is moved and transferred, and this is contrary to land, as evidenced by the fact that lost property in the Abode of Islam is owned after being announced, unlike land.

Section: There is no difference between a Muslim and a Dhimmi regarding revival. Ahmad stipulated this, and Malik and Abu Hanifah also said the same. Malik said: A Dhimmi does not gain ownership through revival in the Abode of Islam. The Qadi said: This is the school of a group of our companions, based on the saying of the Prophet (peace and blessings of Allah be upon him): "The dead land belongs to Allah and His Messenger, then it is yours from me." He combined the dead land and assigned it to the Muslims. And because the dead land of the Abode is among its rights, and the Abode belongs to the Muslims, therefore its dead land belongs to them, like the facilities of a slave. As for our evidence, it is the generality of