Definition of
Maw att
and defcrip-
tion of the
land fo
^termed.
H E D A T A.
B O O K XLV.
Of the CULTIVATON .of WASTE LANDS*.
MA W A T (which is here rendered wafle land) lignifies any piece
of ground incapable o f yielding advantage, either from a want
o f water, an inundation, or any other caufe, fuch as prevents tillage;
and it is termed Mawat, or dead, becaufe, like the dead, it is of no ufe.
A n y piece of ground which, from a long time, has lain wafle
without belonging to any perfon, or which has been formerly the
* Arab. Abja-al-Maviat, meaning, literally, tht revival of the dead.
property
property of a Mujfiilman, who is not then known, and is likewife fo
far removed from a village that, i f a perfon call out from thence, his
voice cannot there be heard, is termed Mawdt. T h e compiler of the
Heddya remarks that this is the explanation of it as delivered by Ka-
dooree. It is reported from Mohammed that it is requifite the ground
be neither the property of a MuJJuhnan nor a Zimmee-, and likewife,
that it be of no ufe; in which cafe it becomes abfolutely Mawdt: but
that ground which is the property either o f a Muffulman or a Zimmee
is not Mawdt.— I f the proprietor be unknown, the ground in,the
mean time belongs to the Mujfulman community;— but if he afterwards
appear, it mull be reftored to him, and the cultivator is re-
fponfible for whatever damage he may have occafioned.— With refpect
to the ground being diftant from a village, as mentioned by Kadooree,
Aboo Toofaf'is of opinion that this is a condition, for this reafon, that
where the ground is contiguous to a village it cannot be faid to be entirely
ufelefs to the inhabitants of it. Mohammed holds it fufficient
that the villagers do not in reality make ufe of the ground, whether
it be contiguous or not. T h e fame opinion has been delivered by the
Imam fliled Khahir Zdda: but Shims a l Aymd, the Siruckjhian, has
adopted the opinion of Aboo Toofaf.
W hosoever cultivates wafle lands, with the permiffion of the The cultiva-
chief, obtains a property in them; whereas, i f a perfon cultivate
them without fuch permiffion, he does not in that cafe become pro- the cultivator
prietor, according to Haneefa. T h e two difciples maintain that, in pertyinthetn.
this cafe alfo, the cultivator becomes proprietor ; becaufe of a laying
of the prophet, “ Whofoever cultivates wajle lands does thereby acquire
“ the property o f them'," andalfo becaufe they are a fort of common
goods, and become the property o f the cultivator in virtue of his being
Uie firft poirelfor; in,the fame, manner as in the cafe o f feizing game,
or gathering firewood. One argument of Haneefa on this p o in ts 3
faying of the prophet, “ Nothing is lawful to any perfon but what is
‘ ‘ permitted by the Imam — and with refpect to the faying quoted by
Von. IV . S the