Islamic Rulings on Unclaimed Land and Private Pasture (Himaa)

Understanding the Concept of Barren Land and Himaa in Islam

What has come concerning, The book of rulings, 16th lesson | Benefits from Muntaqaa Ibn Al-Jarood

By Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him

The Barren Land (unclaimed territory)

Which is a land that is not being used nor belongs to anyone, permission of the Imaam is not stipulated in its regard.

1015 – ‘Alee bin Al-Khashram narrated to us, he said ‘Easaa informed us, on the authority of Sa’eed, on the authority of Qataadah, on the authority of Hasan, on the authority of Samurah may Allaah be pleased with him, said: the Prophet ﷺ said: “Whoever surrounds a land with a wall then it belongs to him.”

The hadith is authentic.

1016 – Muhammad bin Yahya narrated to us, he said Abdurrazaaq, he said Ma’mar informed us, on the authority of Az-Zuhri, on the authority of ‘Ubaidillah bin ‘Abdillah, on the authority of Ibn ‘Abbaas, may Allaah be pleased with them both, on the authority of As-Sa’b bin Juthaamah, may Allaah be pleased with him, he said, “I heard the Messenger of Allah ﷺ say:” There is no Himaa (private pasture) except for Allaah and His Messenger. “

The hadith is authentic: Reported by Bukhari (shortened)

▪️Benefit

The things which brings about revival and ownership are one of five things mentioned by As-San’aani, from them:

• Rectifying/restoring the land.
• Filtering the land for vegetation.
• Building a wall around it.
• Building a deep trench in it.
• Building a well in it to benefit from.

Barren is two types

1 – What is not owned by anyone rather it is owned by revival -there’s no difference in this

2 – What was revived then deserted until it became dead and there are differences concerning it.

And what is correct is that it is owned by the one who revived it as long the rememanants of revival are there except if the rememanants of the first revival have disappeared and nothing remains then it belongs to the latest reviver.

Al-Himaa: Land which has greenery but it is prohibited to pasture or herd on.

And Al-Himaa could be in the sea or in the forest prohibiting from hunting from the order of the Ruler.

▪️Benefit

It is not allowed to have a Himaa by unanimous agreement if it causes harm to the Muslims from the angle that they do not find anywhere for their cattle to pasture.

▪️Benefit

The places of Himaa (private pasture) was from the time of the Messenger of Allaah ﷺ and the Companions until our time are from the rulers of the Muslims.

And Allaah knows best

Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

may Allah reward him with good

on the 2nd, Jumaada Al-Ulaa, 1440H

Translated by:

Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi