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”.

虽然欧麦尔（愿真主喜悦他）的话提到，死地可以通过开垦或围圈而归属个人占有，换言之，即通过将手放在其上而取得；若他荒废三年，则该地便从其占有中被收回。然而，还有另外一些传述涉及的土地并非已被开垦或围圈的死地，而是作为已耕种之地的一部分被赐予众人的土地。据传述，经叶哈雅·本·阿丹，通过阿慕尔·本·舒艾卜的传述系统，他说：

Though Umar’s (ra) words mentioned dead land that is taken into an individual’s possession through reviving it or fencing it off, in other words, by placing his hand upon it, and that if he neglects it for three years then it is taken from his possession, there are other texts which are reported about land which is not revived and fenced, and not dead, rather as part of a cultivated land that was granted to people. It is reported from Yahya b. Adam through the chain of ‘Amru b. Shu’ayb who said:

. نَاساً مِنْ مُزْينََةِ أَوْ جُهَيْنَةِ أَرْضاً فَعَطَّلُوهَا، فَجَاءَ قَوْمٌ أَقْطَعَ رَسُولُ اللهِ « فَأَحْيَوْهَا، فَقَالَ عُمَرُ: لَوْ كَانَتْ قَطِيعَةً مِنِِّ أَوْ مِنْ أَبِِ بَكْرٍ لَرَدَدْتهَُا، وَلَكِنْ مِنْ رَسُولِ الله » .

. نَاساً مِنْ مُزْينََةِ أَوْ جُهَيْنَةِ أَرْضاً فَعَطَّلُوهَا، فَجَاءَ قَوْمٌ أَقْطَعَ رَسُولُ اللهِ « فَأَحْيَوْهَا، فَقَالَ عُمَرُ: لَوْ كَانَتْ قَطِيعَةً مِنِِّ أَوْ مِنْ أَبِِ بَكْرٍ لَرَدَدْتهَُا، وَلَكِنْ مِنْ رَسُولِ الله » .

“先知把一块土地作为封地分给了穆宰奈或朱海奈部落的一些人，他们却荒废了它。另一些人来耕种了这块地。欧麦尔说：如果这块地是我或艾卜·伯克尔所授予的，我会从他们手中收回。但它是真主的使者ﷺ所授予的。”

“The Prophet assigned land to some people from Muzaynah or Juhaynah as a fief, and they neglected it. Other people came and cultivated it. Umar said: If the land was granted by me or by Abu Bakr, I would have taken it back from them. But it was granted by the Messenger of Allah (pbuh) ”.

意思是说，已经过去了三年多。换句话说，如果这块地是从阿布·伯克尔（ra）时期就被授予的，那么三年还没有过去；同样，如果是在欧麦尔（ra）时期授予的，那么欧麦尔（ra）就会把它还给被授予者。然而，授予这块地的是先知ﷺ，因此已经过去三年多，所以无法收回，欧麦尔（ra）反而确认这块地归那些开垦它的人所有。从叙述中可以清楚看出，这件事发生在欧麦尔（ra）执政一年多之后，而且这块地是先知ﷺ时期授予的，也就是说，授予已经超过三年，因此欧麦尔（ra）没有收回。另外，这件事明显是关于已被授予、但未经开垦或圈占的土地。

What is meant is that more than three years had passed, or in other words, if it had been granted from the time of Abu Bakr (ra), three years would not have passed yet, and similarly if it had been granted in the time of Umar (ra), and so Umar (ra) would have returned it to the one it had been granted to. However, it was the Prophet who granted it, and so more than three years had passed and so it was not possible to return it, rather Umar (ra) confirmed its ownership to the ones who had revived it. And it is apparent from the narration that it occurred more than a year after Umar (ra) took the leadership, and it was land granted from the time of the Messenger of Allah (pbuh) , in other words, it was granted more than three years earlier, and for that reason Umar (ra) did not return it; it is also clear that the event was regarding land that had been granted and was not revived or fenced land.

据艾卜·欧拜德在《财产》一书中转述，比拉勒·本·哈里斯·穆兹尼说：

Abu ‘Ubayd reported in the book of Al-Amwal from Bilal Ibn Al-Harith Al-Muzni, that:

. أَقْطَعَهُ العَقِيقَ أَجَْْعَ، قَالَ: فَلَمَّا كَانَ زَمَانُ عُمَرَ قَالَ لِبِلاَلٍ: إِنَّ أَنَّ رَسُولَ اللهِ « لََْ يقُْطِعْكَ لِتَحْجُرَهُ عَلَى النَّاسِ، إِنَََّّا أَقْطَعَكَ لِتَعْمَلَ، فَخُذْ مِنْهَا مَا قَدِرْتَ رَسُولَ اللهِ » عَلَى عِمَارَتِهِ وَرُدَّ البَاقِي .

. أَقْطَعَهُ العَقِيقَ أَجَْْعَ، قَالَ: فَلَمَّا كَانَ زَمَانُ عُمَرَ قَالَ لِبِلاَلٍ: إِنَّ أَنَّ رَسُولَ اللهِ « لََْ يقُْطِعْكَ لِتَحْجُرَهُ عَلَى النَّاسِ، إِنَََّّا أَقْطَعَكَ لِتَعْمَلَ، فَخُذْ مِنْهَا مَا قَدِرْتَ رَسُولَ اللهِ » عَلَى عِمَارَتِهِ وَرُدَّ البَاقِي .

“使者（愿主赐福他并使他平安）曾将整个阿戈伊格（Al-Aqiq）作为封地授予他。据他所述，在欧麦尔（Umar）执政期间，欧麦尔对毕拉勒（Bilal）说：‘使者（愿主赐福他并使他平安）授予你此地，并非为了让你圈占它、使其远离众人，而是为了让你利用它。所以你就取你力所能及的那部分，其余的要归还。’由此可见，因无力开发利用而荒废土地，是收回土地的原因之一，这是欧麦尔（愿主喜悦他）所理解并付诸实践的；而正如欧麦尔（愿主喜悦他）此前的言论所提到的，在必须收回土地之前，荒废的期限为三年。”

“The Messenger of Allah (pbuh) had assigned him all of Al- Aqiq as a fief. He said that during the time of Umar, he (Umar) said to Bilal, ‘The Messenger of Allah (pbuh) did not grant you the place to fence it away from the people but rather to use it. So take of it as much as you can afford and return the rest”. It is clear from this that neglect of the land due to the lack of capability to utilise it is a cause for taking the land away, as understood and acted upon by Umar (ra), and the limit of neglect before it is mandatory to take the land is three years as mentioned in the previous words of Umar (ra).

不能说这只适用于已被授予的土地，因为此事并非某个特定的问题或事件，经文也并非针对某一特定情形，而是具有普遍性，适用于一切已被占有的土地。因此，土地若被荒废，其占有权被收回的原因，不在于它原本是受封的土地，而在于它被荒废了。这一点可由欧麦尔（ra）的话予以证实："凡荒废土地三年而不加以建设者，若他人前来加以建设，则该土地归其所有"（由叶海亚·本·阿丹在《土地税》中记载，伊本·赞贾维在《财产》中引自阿慕尔·本·舒艾卜）。他所说的"土地"是一个不加限定的词，涵盖一切类型的已占有土地，无论该土地原为死地，之后通过开垦和围护而取得所有权，还是已有建筑并通过授予、继承、购买或赠与而取得所有权……该规则同样适用于它：若三年未加利用，便予以收回。

It cannot be said that this is only regarding land that has been granted, since the issue was not a question nor an event that occurred which the text was specific to, rather it is general, and is general for all possessed land. Therefore, the cause for taking away the possession of land if it was neglected is not because it was land that was originally granted but rather because it was neglected. This is confirmed by the words of Umar (ra): “whoever neglected a land for three years and did not build upon it, and then someone else came and built upon it then it is theirs” (reported by Yayha b. Adam in Al-Kharaj and Ibn Zanjawi in Al-Amwal from ‘Amr b. Shu’ayb), and his word: “a land” is an unrestricted term which encompasses all types of possessed land, irrespective of whether it was dead and then taken into ownership through revival and fencing, or if it was built upon and taken into ownership by being granted or inheritance or buying or a gift…the rule is applied to it – it is taken if it is not used for three years.

这表明，个人所拥有的土地，无论是通过复垦、围圈、受赠还是购买而得，若其连续三年闲置不加利用，便会被从所有者手中收回。这一点有欧玛尔（愿安拉喜悦之）在阿慕尔·本·舒艾卜一事中的行为和他的话“谁荒废了一块土地”为证，也有比拉勒一事为证。据我们所知，并无任何一位圣门弟子因此事责备他，而这本是应当受责备的事情，因为这是在没有任何交换的情况下，强行从所有者手中夺取一块已耕种的土地，而夺取者是哈里发。因此这是圣门弟子的公议。这是因为，默示公议（Ijma‘ Sukuti，即沉默的公议）是指：圣门弟子中的某人在一群人面前做了一件通常会受到责备的事，而他们中没有一人加以责备，那么这便是一项教法依据。基于此，个人拥有的已耕种土地，若连续三年荒芜不耕，便可在无交换的情况下被强制收回。

This indicates that the land which was possessed by an individual, irrespective of whether that was by revival, fencing, granting, or purchasing is taken away from the owner if he left it unutilised for three consecutive years, as was indicated by the action of Umar (ra) in the incident withAmrf Bin Shu’ayb and by his words: “whoever neglected a land”, and by the incident of Bilal, and it is not known that any of the companions rebuked him over that even though it is from the things that are rebukable, because it is forcefully taking a cultivated land from its owner without giving anything in exchange, and the one taking it is the Khalifah; it is accordingly Ijma’ of the companions. This is because the Ijma’ Sukuti (silent Ijma’/Ijma’ of consent) is when one of the companions does an action that would normally be rebuked in front of a group of them, and none of them rebuke it, and so it is a Shari’ah evidence. Based upon this the cultivated land that is owned by an individual, is taken from them by compulsion without exchange if they left it uncultivated for a period of three consecutive years.

由此可见，这一规定涵盖所有土地，无论其占有方式是通过开垦、授予、继承、购买还是其他任何途径——任何荒废三年的土地，都由国家强制从其所有者手中收回，且不给予任何补偿。

From this, it is clear that the rule encompasses all land, regardless of whether it was possessed through revival, grant, inheritance, purchase or anything else – every land which is neglected for three years is compulsorily taken back by the State from its owner without any compensation.

关于三个连续年份的问题，可以从经文中理解出来。这段经文适用于占有土地以及荒废土地三年的情况。他说：“谁荒废一块土地三年”，因此荒废的问题是在三年之后适用的，由此可以理解，这三年是连续的。他的话“圈地者在三年之后便再无权利”，更是毫无含糊地证实了这一点，于是否定的语境适用于“三年之后”。如果这三年不是连续的，就不会说“三年之后”，只有在它们接连相继、前后相连的情况下，才会这样表述。

The issue of being three consecutive years is understood from the text, which applied to taking the land and to its neglect for three years. He said: “Whoever neglected a land for three years”, and so the issue of neglect applies after three years, and it is understood from this that the three years are consecutive. This is confirmed without any lack of clarity by his words: “and the one who fenced it off has no right to it after three years”, and so the negation applies: “after three years”, and it is not said: “after three” if they were not consecutive, and would only be used if they were consecutive following one after the other.

至于从穆斯林公库(Bayt Al-Mal,财库)中给予农民帮助,使他们能够耕种土地,其依据是欧麦尔(愿真主喜悦他)在伊拉克所做的事。他征服伊拉克后,将土地留在当地居民手中,没有把它分给参战者,尽管这些土地本属战利品。他从穆斯林公库中给予农民钱财,以帮助他们耕种土地,即便他们当时尚未归信伊斯兰。而且,农民作为农民,按其身份而言,并不属于有权从穆斯林公库中获得任何东西的人,因为只要他们拥有土地,就不能被视为贫困者。凡与这两件事相类似的做法,通常都会受到责难,因为它们与战利品的规定和穆斯林公库的规定相矛盾。 关于第一件事,即将作为战利品的土地留给耕种者,而不分给参战者,确有一些圣门弟子责难欧麦尔(愿真主喜悦他),双方还进行过讨论。至于第二件事,即欧麦尔为使伊拉克的农民能够耕种土地而从穆斯林公库中给予他们钱财,没有任何圣门弟子责难欧麦尔(愿真主喜悦他)。因此,这构成了关于允许从穆斯林公库中给予农民耕种土地所需之物的一致共识(Ijma')。

As for giving the farmers help from Bayt Al-Mal (treasury) to enable them to cultivate their land, its evidence is what Umar (ra) did in Iraq. When he conquered Iraq he left the land in the hands of its inhabitants, and did not divide it amongst the fighters even though it was part of the booty. He gave the farmers money from the Bayt Al-Mal (treasury) in order to strengthen them to cultivate their land even though they had not yet embraced Islam, even though farmers in their characteristic as farmers are not from those who deserve anything from Bayt Al-Mal (treasury) since as long as they own land they cannot be counted as being poor. Anything similar to these two issues would normally be rebuked due to their contradiction with the rules regarding war booty and the rules regarding Bayt Al-Mal (treasury). As for the first issue which is leaving the land which was taken as booty with those who cultivated it, and not dividing it amongst the fighters, there were companions who rebuked Umar (ra), and a discussion took place between them. As for the second issue, which was giving the farmers in Iraq money from the Bayt Al-Mal (treasury) in order for them to cultivate their land, none of the companions rebuked Umar (ra), and so it is an Ijma’ (consensus) upon the permission of giving farmers what is required from Bayt Al-Mal (treasury) to enable them to cultivate their land.

这些都是本文的依据。

These are all the evidences for this article.