a right. Likewise, his statement: "Whoever is first to that which no Muslim has been first to, he is more entitled to it." Sa'id narrated in his "Sunan" that Umar (may Allah be pleased with him) said: "Whoever has land"—meaning whoever has fenced in (tahajjara) land—"and leaves it idle for three years, and then a group comes and cultivates it, they are more entitled to it." This indicates that whoever cultivates it before the three years have passed does not own it, because the second person revived it in the right of another, so he did not own it, just as if he had revived what relates to the interests of another person's property. Also, because the right of the one who fenced it in is prior, so it takes precedence, like the right of the pre-emptor (shafi') which is preferred over the purchase of the buyer. If the period of time is long for him, the ruler should say to him: "Either you cultivate it, or you leave it for someone else to cultivate." This is because he has restricted people regarding a right shared among them, and he may not be permitted to do so, just as if he were to stop in a narrow path, or a water source, or a mine that he does not benefit from, while preventing others from benefiting from it. If he asks for an extension due to an excuse, he is granted a delay of a month or two, or something similar. If someone else revives it during the period of the extension, there are the two views we previously mentioned. If the period expires and he has not cultivated it, someone else may cultivate it and own it, because the period was set for him such that his right is severed upon its passing, and it is the same whether the ruler gave him permission to cultivate it or did not. If the one who fenced in the land has no excuse for leaving the cultivation, he is told: "Either you cultivate or you remove your hand (claim)." If he does not cultivate it, another person has the right to cultivate it. If nothing is said to him, and he continues to leave it idle, we have already mentioned from Umar (may Allah be pleased with him) that whoever fences in land and leaves it idle for three years, and then a group comes and cultivates it, they are more entitled to it. The school of al-Shafi'i regarding all of this is similar to what we have mentioned.

Section: The Imam has the authority to grant wasteland (mawat) to whoever will revive it, and he is then in the position of the one who has fenced it in and has begun the revival. This is because it was narrated that the Prophet (peace and blessings of Allah be upon him) granted Bilal ibn al-Harith the entirety of al-'Aqiq. When it was the time of Umar, he said to Bilal: "The Messenger of Allah (peace and blessings of Allah be upon him) did not grant it to you so that you could hoard it away from the people; he only granted it to you so that you would cultivate it. So take from it what you are able to cultivate, and return the rest." Recorded by Abu 'Ubayd in "al-Amwal" (29).