Grass in no man’s land is communal property

2-2-2014 | IslamWeb

Question:

Is it permissible to graze on land where grass is grown by rain, and it is not owned by the person who uses it to graze his sheep?

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

It is permissible to graze in land where grass is grown without anyone’s efforts. Scholars agree that such an act is permissible when the land has no owner. Yet, if this grass is growing in land that is owned by someone who does not need it, according to the preponderant opinion of scholars, it is permissible to graze on it without need to pay compensation. In this regard, the Prophet, sallallaahu ‘alayhi wa sallam, said: “People are partners in three things: water, grass of the pasture and fire.” [Ahmad, Abu Daawood and Ibn Maajah]

Shaykh Al-Islam Ibn Taymiyyah said, "Muslims agreed that grass which is growing on ownerless land can be used by anyone. The first person to reach it is the worthiest one to graze on it. However, if the grass is growing on land that is owned by someone, and he is in need to use it, then he is worthier to do so. Yet, if he is not in need of it, scholars have two famous opinions. According to the aforementioned Hadeeth, most of them say that it is permissible to use and graze on this land without giving compensation to the owner."

Allaah Knows best.