Xərac, qənimət və hakimiyyət (Kitab əl-Xərac, vəl-Fəy vəl-İmarə)

Narrated Saburah ibn Ma'bad al-Juhani: The Prophet (ﷺ) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it. (Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full)

Narrated Asma' daughter of AbuBakr: The Messenger of Allah (ﷺ) assigned to az-Zubayr palm-trees as a fief

Narrated Qaylah bint Makhramah: 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

Narrated Asmar ibn Mudarris: 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)

Narrated Abdullah ibn Umar: 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

Narrated Sa'id ibn Zayd: The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right

Narrated Urwah: 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

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.”

Narrated Urwah: I testify that the Messenger of Allah (ﷺ) decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it. This tradition has been transmitted to us from the Prophet (ﷺ) by those who transmitted the traditions about prayer from him

Narrated Samurah: The Prophet (ﷺ) said: If anyone surrounds a land with a wall, it belongs to him