For if their livestock perish, they will return to their date palms and crops, whereas if this poor man's livestock perishes, he comes crying: 'O Commander of the Faithful!' Thus, forage is easier for me than the debt of gold and silver. It is their land, which they fought for during the Pre-Islamic era and embraced Islam while in possession of it, and they truly see that we are oppressing them. If it were not for the livestock upon which one carries [loads] in the cause of Allah, I would never have reserved anything of their lands against the people. This is their consensus. Furthermore, because that which pertains to the interests of the Muslims, the leaders stand in the place of the Messenger of Allah (may Allah bless him and grant him peace) regarding it. It has been narrated from the Prophet (may Allah bless him and grant him peace) that he said: 'Allah has not granted any provision to a Prophet except that He has made it a provision for the one who comes after him' (60). As for the report [regarding his prohibition], it is specific. As for his (the Prophet's) reserving land for himself, it differs from the leaders' reserving land for themselves, because his benefit redounds to the benefit of the Muslims, and he used to return his wealth to the Muslims; thus, he differs from the [other] leaders in that, while they are equal to him regarding that which is for the benefit of the Muslims. It is not for them to reserve land except to an extent that does not constrict (61) the Muslims or cause them harm, because it is only permitted due to the benefit contained therein for what is reserved, and it is not a benefit to inflict harm upon the majority of the people.

Section: What the Prophet (may Allah bless him and grant him peace) reserved, no one has the right to invalidate or change, provided the need for it remains. Whoever revives any part of it does not acquire ownership of it. If the need for it ceases, there are two views. As for what other leaders have reserved, the current leader or another leader may change it, and it is permitted. If a person revives it, they acquire ownership of it according to one of the two views, because the reservation of land by the leaders is based on ijtihad (legal reasoning), while the ownership of land through revival is based on a text (nass), and a text is given precedence over ijtihad. The other view is that he does not acquire ownership of it because the leader's ijtihad may not be invalidated, just as his judicial ruling may not be invalidated. The school of al-Shafi‘i regarding this is similar to what we have said.

Section: On the rulings of water. We have already mentioned in the [chapter on] sale the ruling on its ownership and sale, and here we shall mention the ruling on irrigation with it. We say: Water is in one of two states; either it is flowing or standing. If it is flowing, it is of two types: one of them is that it is in a river that is not owned, and it consists of two divisions: