Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 37: Reviving Dead Land
She was picking lice from the head of the Messenger of Allah (ﷺ) while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah (ﷺ) ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Mas'ud died, and his wife inherited his house in Medina.
Chapter 38: What Has Been Related About Entering Kharaj Lands
He who put the necklace of jizyah in his neck abandoned the way followed by the Messenger of Allah (ﷺ).
Chapter 40: Ar-Rikaz (Buried Treasure) And The Levy Due On It
Al-Miqdad went to Baqi' al-Khabkhabah for a certain need. He found a mouse taking out a dinar from a hole. It then continued to take out dinars one by one until it took out seventeen dinars. It then took out a red purse containing a dinar. There were thus eighteen dinars. He took them to the Prophet (ﷺ), informed him and said to him: Take its sadaqah. The Prophet (ﷺ) asked him: Did you extend your hand toward the hole? He replied: No. The Messenger of Allah (ﷺ) then said: May Allah bless you in it.
Chapter 36: Allocation Of Land
The Prophet (ﷺ) gave az-Zubayr the land as a fief up to the reach of his horse when he runs. He, therefore, made his horse run until it stopped. He then threw his flog. Thereupon he said: Give him (the land) up to the point where his flog has reached.
Chapter 37: Reviving Dead Land
The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right.
The tradition mentioned above has also been transmitted by Ibn Ishaq through a different chain of narrators and to the same effect. Instead of the phrase “one who transmitted this tradition to me” this version has “A man from among the Companions of the Prophet (ﷺ) and probably he was Abu Sa’id Al Khudri. I saw the man striking at the roots of the palm trees.”
Chapter 38: What Has Been Related About Entering Kharaj Lands
The Prophet (ﷺ) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.
Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.
Chapter 39: Land Protected By A Ruler Or By A Man
The Prophet (ﷺ) protected Naqi and said: There is no (permission for) protected land except for Allah Most High.
Chapter 41: Digging Up Ancient Graves In Which There Is Wealth
When we went out along with the Messenger of Allah (ﷺ) to at-Ta'if we passed a grave. I heard the Messenger of Allah (ﷺ) say: This is the grave of AbuRighal. He was in this sacred mosque (sanctuary) protecting himself (from punishment). When he came out, he suffered the same punishment which his people suffered at this place, and he was buried in it. The sign of it is that a golden bough was buried with him. If you dig it out, you will find it with him. The people hastened to it and took out the bough.
Chapter 36: Allocation Of Land
The Prophet (ﷺ) assigned as a fief to Bilal ibn Harith al-Muzani the mines of al-Qabaliyyah, both those which lay on the upper side those and which lay on the lower side. The narrator, Ibn an-Nadr, added: "also Jars and Dhat an-Nusub." The agreed version reads: "and (the land) which is suitable for cultivation at Quds". He did not assign to Bilal ibn al-Harith the right of any Muslim. The Prophet (ﷺ) wrote a document to him:
"This is what the Messenger of Allah (ﷺ) assigned to Bilal ibn al-Harith al-Muzani. He gave him the mines of al-Qabaliyyah both those which lay on the upper and lower side, and that which is fit for cultivation at Quds. He did not give him the right of any Muslim."
The narrator AbuUways said: A similar tradition has been transmitted to me by Thawr ibn Zayd from Ikrimah on the authority of Ibn Abbas from the Prophet (ﷺ). Ibn an-Nadr added: Ubayy ibn Ka'b wrote it.
Muhammad bin Al hasan Al Mukhzumi said “The sentence “that which is not reached by the Camel hoofs” means that the Camels eat (the arak trees) within the reach of their heads. So the land (where the arak trees are growing) may be protected beyond such a region.
He asked the Messenger of Allah (ﷺ) for giving him some land which had arak trees growing in it. The Messenger of Allah (ﷺ) said: There is no (permission for) protecting a land which has arak trees growing in it. He said: These arak trees are within the boundaries of my field. The Prophet (ﷺ) said: There is no (permission for) protecting a land which has arak trees growing in it.
The narrator Faraj said: By the phrase 'within the boundaries of my field' he meant the land which had crop growing in it and was surrounded on four sides.
The Messenger of Allah (ﷺ) assigned to az-Zubayr palm-trees as a fief.
I came to the Prophet (ﷺ), and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).
Chapter 37: Reviving Dead Land
The Prophet (ﷺ) said: If anyone surrounds a land with a wall, it belongs to him.
Chapter 40: Ar-Rikaz (Buried Treasure) And The Levy Due On It
The Prophet (ﷺ) said: A fifth is payable on buried treasure.
Chapter 36: Allocation Of Land
Abyad went to the Messenger of Allah (ﷺ) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)
So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.
The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."
Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.
She reported to them, saying: We came upon the Messenger of Allah (ﷺ). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.
He then said: Messenger of Allah (ﷺ), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.
He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.
I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.
He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.
Chapter 37: Reviving Dead Land
The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belong to him. He then transmitted a similar tradition mentioned above (No. 3067).
He ('Urwah) said: One who transmitted this tradition to me said that two persons brought their dispute to the Messenger of Allah (ﷺ). One of them grew palm trees in the land of the other. He decided to return the land to its owner of the palm-trees to remove his palm-trees. He said: I saw when their roots were being struck with axes. The trees were fully grown up, but they were removed from there.
Abu Humaid Al Sa’idi said “I went to Tabuk on an expedition along with the Apostle of Allaah(ﷺ). When he reached Wadi Al Qura, he found a woman in her garden. The Apostle of Allaah(ﷺ) said to his Companions “Assess (the quantity o fruits). The Apostle of Allaah(ﷺ) assessed ten wasqs.” He said to the woman “Count the produce of it. We then came to Tabuk.” The monarch of Ailah presented a white mule as a gift to the Apostle of Allaah(ﷺ). He presented a cloak as a gift o him and wrote a document for his land at sea coast. When we came to Wadi Al Qura he said to the woman “How much is the produce of your garden?” She replied “Ten wasqs which the Apostle of Allaah(ﷺ) had assessed.” The Apostle of Allaah(ﷺ) said “I am going quickly to Madeenah if any of you intend to go quickly with me, he should make haste.”