and Iraq, and that whose people submitted to it, such as Medina, and that whose people were reconciled on the basis that the land belongs to the Muslims, such as the land of Khaybar, except for that which was reconciled with its people on the condition that the land belongs to them and we receive the kharaj (land tax) from it. Our companions stated: If a Muslim were to enter it and revive wasteland therein, he would not own it, because they were reconciled regarding their lands, and it is not permissible to encroach upon any part of it, whether cultivated or wasteland, because the wasteland is dependent on the country. Thus, if he does not own the country over them, he does not own its wasteland. This differs from the Abode of War (Dar al-Harb), where one does own its wasteland, because the Abode of War is based on the principle of permissibility (ibaha), whereas here we have reconciled with them to leave it for them, so it has been prohibited for us. It is possible that he could own it if he revives it, due to the generality of the report, and because it is among the permissible things of their land, so it is permissible for it to be owned by whoever satisfies the cause of its ownership, just like wild herbs and firewood. It has been narrated from Ahmad that there is no wasteland in the Sawad, meaning the Sawad of Iraq. The Qadi said: This is interpreted as referring to the cultivated land. It is possible that Ahmad said that because the Sawad was entirely cultivated during the time of Umar ibn al-Khattab, at the time when the Muslims took it from the disbelievers, to the point that it reached us that a man among them asked to be given a ruin (khariba), and they could not find any ruin for him. He said: "I only intended to let you know how you took it from us." When there was no wasteland in it when the Muslims took possession of it, no wasteland could come into existence after that, because what has decayed from the properties of the Muslims does not become wasteland, according to one of the two narrations.

Section: If a man fences in (tahajjara) wasteland, which is to begin its revival, such as if he rotates soil around the land or [places] stones, or surrounds it with a small wall, he does not own it thereby, because ownership is through revival, and this is not revival. However, he becomes the person most entitled to it, because it is narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Whoever is first to something that no Muslim has preceded him to, he is [most entitled to it]." Narrated by