(Part No. 15; Page No. 435)
Reclamation of barren land
(Part No. 15; Page No. 436)
Fatwa no.
124
All praise be to Allah Alone, and peace and blessings be upon the final Prophet. The Permanent Committee for Scholarly Research and Ifta' has reviewed the documents submitted by his Excellency, the Deputy Minister of Interior, under no. 26/11119 on 7/4/1392 AH to his Excellency, the Chairman of the Departments of Scholarly Research, Ifta', Da`wah, and Guidance, referred from the Secretariat General of the Council of Senior Scholars under no. 5790/2 on 10/4/1392 AH. After studying the documents, the Committee found among them a letter from his Excellency, the Chief Justice of
Al-Qunfudhah
addressed to the Prince of
Al-Qunfudhah
under no. 25/2 on 2/1/92 AH. The letter reads: The chieftain of
Al-Sawalhah tribe
complains about
those who mow and sell the farm grass,
which harms the freely grazing cattle. The Chief Justice stresses how barren these areas are and how many cattle have perished out of hunger. It rained in
Al-Sawalhah
and grass grew. This encouraged many cattle owners to come from many places to feed their cattle. There is no doubt that mowing grass and selling it as well as appointing certain people to do so harms the owners of freely grazing cattle.
(Part No. 15; Page No. 437)
A: After reading the letter of the Chief Justice of
Al-Qunfudhah
and the letter of his Excellency, the Deputy Minister of Interior, the Committee has reached the following conclusion:
Since the Chief Justice of
Al-Qunfudhah said that mowing and selling grass and appointing certain people to do so harms the owners of freely grazing cattle, it is forbidden to mow or sell the grass and it should be left for grazing animals. This decision gives precedence to general interests over private interests. It is confirmed that the Prophet (peace be upon him) said,
"There should be neither harming nor reciprocating harm."
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.