If he restricts the passersby, it is not lawful for him to sit there, and it is not lawful for the Imam to enable him to do so for compensation or otherwise. Ahmad said: It would not be proper for us to buy from those who sell on the road. The Qadi said: This is understood to mean that the road is narrow, or that it harms the passersby, based on what we have previously mentioned. He also said: I do not like milling in the 'urub if it is on the public road. These are the boats in which grain is ground in flowing water. He disliked that only because it narrows the path for boats passing in the water. Ahmad said: Boats might sink, so I am of the opinion that a man should avoid purchasing what is milled by them.

Section: Regarding land grants (iqta'at), they are of two types: First, the grant of benefit (iqta' irfaq). This is the granting of market seats, wide roads, and mosque courtyards, which we have mentioned that the first to arrive at is entitled to sit in (36). The Imam may grant these to someone to sit in because he has discretion in this matter, since sitting is only permissible in areas that do not harm passersby. Thus, it was for the Imam to seat someone there whom he does not deem to be harmed by their sitting. The grantee does not gain ownership of it by this; rather, he becomes more entitled to sit there than anyone else, equivalent to the one who arrives first without a grant, in every respect except for one thing: that is, when the one who arrives first moves his goods away from it, it is permissible for someone else to sit there because his entitlement was due to his arriving first and his staying there. When he moves away, his entitlement ceases because the reason for which he was entitled has ended. As for this one, he is entitled by the Imam's grant, so his right does not cease by moving his goods, nor is it permissible for anyone else (37) to sit there. His ruling regarding providing himself shade with that which is not a building, his being prevented from building, and his being prevented if his stay is prolonged, is the same as the ruling for the one who arrives first, as we have previously stated. Second, the grant of dead land (mawat) to someone who will revive it; this is permissible due to what Wa'il ibn Hujr reported, that the Messenger of Allah (may Allah bless him and grant him peace) granted him land, and he sent Mu'awiyah to say, "Give it to him, or inform him of it." This is a sahih (authentic) hadith (38). He also granted Bilal ibn al-Harith