第136条
Article 136
每个拥有土地的人都有义务使用这片土地;需要经济援助的人,将从公库(Bayt Al-Mal)获得资金,以便他们能够利用自己的土地。如果有人连续三年疏于利用土地,该土地将被从其手中收回,并交给他人。
Everyone that owns land is compelled to use it, and those that require financial help are given money from the Bayt Al-Mal to enable them to utilise their land. If anyone neglects utilising the land for three years continuously, it is taken from them and given to someone else.
依据是阿布·尤素福在《土地税书》中转述的,萨利姆·本·阿卜杜拉(愿真主赐福他)所传:欧麦尔·本·赫塔卜(愿真主喜悦他)在讲台上说:“谁复兴了一块荒地,它就属于他;而圈占了它的人,若三年不耕种,则在其中不再享有任何权利。”欧麦尔(愿真主喜悦他)当着众圣门弟子的面、在众人完全听得见的情况下说了这话,而没有一人出言反对,因此这构成了公议。这是明确的证据:若有人复兴了一块荒地,或在其上立石或放置任何表明其占有的东西,他便占有了它;但若他连续三年不利用这块土地,它就会从他手中被收回。复兴者与圈占者在所有权上是相同的,在被收回上也是相同的。不能说所有权问题仅限于复兴者(“谁复兴了”),而收回问题仅限于圈占者(“圈占了它的人……不再享有”),从而理解为所有权归复兴者,若荒废则只收回圈占者的土地而排除复兴者。原因在于,这段措辞属于省略式的隐喻用法(Hadhf),因此圈占者也属于所有权的范畴,而复兴者也在收回的判决之下。仿佛欧麦尔(愿真主喜悦他)说的是:“谁复兴了一块荒地,它就归他;而他三年之后便不再享有它。谁圈占了一块荒地,它就归他;而他三年之后也不再享有它。”
The evidence is what Abu Yusuf reported in Al-Kharaj from Salim b. ‘Abd Allah (swt) that Umar b. Al-Khattab (ra) said from the pulpit: “whoever revives a dead land, it belongs to him, and the one who fenced it off has no right in it after three years (if not cultivated).” Umar (ra) said this in the sight and full hearing of the companions, and none of them rebuked him and so it is a consensus. This is explicit evidence that if someone revives a dead land, or places stones or anything which shows his possession of it upon it, then he takes possession of it. However, if he does not utilise the land for a period of three consecutive years then it is taken from him. The one who revived it and the one who fenced it off are the same from the angle of ownership, and from the angle of it being taken away from them. It cannot be said that the issue of ownership is restricted to the one who revives: “whoever revives”, and that the issue of dispossessing it is restricted to the one who fenced it of: “and the one who fenced it off has no…”, with the understanding that ownership is for the reviver, and taking the land away if it was neglected is restricted to the one who fenced if off and excludes the reviver. This is because the wording is from the metaphorical style of deletion (Hadthf), and so the one who fenced also falls under ownership, and the reviver under the ruling of dispossession: as if Umar (ra) said: “whoever revived a dead land then it is for him, and he has no right to it after three years, and whoever fenced a dead land then it is for him and he has no right to it after three years”.