the Prophet (peace and blessings of Allah be upon him) saying: "Whoever revives dead land, it belongs to him." Moreover, this is one of the avenues of acquiring ownership, so both the Muslim and the Dhimmi participate in it, like all other avenues of acquisition. As for their hadith, we do not recognize it; we only recognize his statement: "Ancient land belongs to Allah and His Messenger, then it is yours thereafter; and whoever revives wasteland, its buried treasure is his." This is how Sa'id ibn Mansur narrated it, and it is mursal (a narration with a missing link in the chain); it was narrated by Tawus from the Prophet (peace and blessings of Allah be upon him). Furthermore, it is not implausible that by his saying, "It is yours," he intended the people of the Abode of Islam, and the Dhimmi is one of the people of the Abode, and its laws apply to him. Regarding their claim that it is among the rights of the Abode of Islam, we say: He is among the people of the Abode, so he acquires ownership of it, just as he acquires ownership through purchase. He also acquires its permissible things, such as grass, firewood, game, buried treasure (rikaz), minerals, and lost property, all of which are among the facilities of the Abode of Islam.

Section: Land that is near cultivated areas and is connected to their interests—such as its roads, water runoff, trash disposal sites, and areas for dumping soil and construction materials—may not be revived, without disagreement in the school. Likewise, what is connected to the interests of the village, such as its open area (fina'), pasture for its livestock, place for gathering firewood, roads, and water runoff, cannot be owned through revival. We do not know of any disagreement among the scholars regarding this. The same applies to the surrounding area (harim) of a well, a river, a spring, and any owned property; it is not permissible to revive that which is connected to its interests, due to his (peace and blessings of Allah be upon him) statement: "Whoever revives dead land that is not in the right of a Muslim, it is his." The implication is that what is connected to the right of a Muslim cannot be owned through revival. Furthermore, it is a dependent of the owned property, and if we were to permit its revival, ownership of the cultivated land would be invalidated for its owners. The Qadi mentioned that these facilities are not owned by the person who revives them; however, he has more right to them than anyone else, because the revival which is the cause of ownership was not present in them. Al-Shafi'i said: He does acquire ownership of it through that. This is the apparent view of al-Khiraqi regarding the surrounding area of a well, because it is a place he has earned the right to through revival, so he owns it, like the one who revives [the land itself]. Moreover, the meaning of ownership exists within it, because it is included with the property in a sale, and its owner has exclusive access to it. As for land that is near cultivated areas but not connected to