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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 163

Translation · EN

al-Muzani (39), and Abyad ibn Hammal al-Ma'ribi (40), and he granted to al-Zubayr the reach of his horse (41), so he let his horse run until it stopped and he threw his whip, and he said: "Give him from where the whip landed." This was narrated by Sa'id and Abu Dawud (42). Al-Bukhari (43) mentioned from Anas who said: The Messenger of Allah (may Allah bless him and grant him peace) called the Ansar to grant them land in Bahrain (44). They said: O Messenger of Allah, if you do that, then write for our brothers from Quraysh similar to it. It was also narrated that Abu Bakr granted Talhah ibn 'Ubayd Allah land, and that 'Uthman granted five of the Prophet's companions (may Allah bless him and grant him peace): al-Zubayr, Sa'd, Ibn Mas'ud, Usamah ibn Zayd, and Khabbab ibn al-Aratt. It is narrated from Nafi' Abu 'Abd Allah that he said to 'Umar: We have land in Basra that is not Kharaj land, and it does not harm any of the Muslims; if you see fit to grant it to me so that I may take from it qasil (45) for my horses, then do so. He said: So 'Umar wrote to Abu Musa: If it is as he says, then grant it to him. Abu 'Ubayd narrated all these reports in "al-Amwal" (46). Sa'id also narrated from Sufyan, from Abu Najih, from 'Amr ibn Shu'ayb, that the Prophet (may Allah bless him and grant him peace) granted some people from Juhaynah or Muzaynah land (47). Once this is established, whoever the Imam grants any of the dead (mawat) land does not thereby own it, but he becomes more entitled to it, like the one who stakes out land (al-mutahajjir) and begins to revive it, based on the evidence we mentioned from the hadith of Bilal ibn al-Harith, when he reclaimed

Notes

(39) Its takhrij (documentation) was provided previously on page 154. (40) Its takhrij was provided previously on page 155. (41) Hadar farasihi (the reach of his horse): its gallop, meaning as far as it can gallop in one run. (42) Narrated by Abu Dawud in the "Chapter on the Granting of Lands" from the "Book of Governance" (Kitab al-Imarah), Sunan Abi Dawud 2/158; and by Imam Ahmad in al-Musnad 2/156. (43) In the "Chapter on Land Grants" and the "Chapter on Writing Land Grants" from the "Book of Sharecropping" (Kitab al-Musaqat), Sahih al-Bukhari 3/150. It was also narrated by Imam Ahmad in al-Musnad 3/111. (44) In the original: "al-Bahrayn". (45) Al-Qasil: that which is harvested from crops while still green. (46) Its takhrij was provided previously on page 153. (47) Its takhrij was provided previously on page 154.

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