خلاصة:
The author begins by examining the word 'Mawat' from the perspective of linguists and great jurists and has defined Mawat lands. The types of Mawat lands are divided into four categories, which include in order: Mawat lands by essence (bil-asala), accidental Mawat lands (ariḍi), incidental Mawat lands (bil- عرض), and Mufatahat al-Unwah lands, and then proceeds to explain each one. Furthermore, it is stated that pieces of land are theoretically divided into four parts: original Mawat, original inhabited, accidental Mawat, and accidental inhabited, for which narrations have been mentioned for each. In the end, the sources and the basis of the jurists' reasoning for the becoming of revived lands as Mawat are provided.
ملخص الجهاز:
» 3- Mudarramah of Muhammad ibn Muslim: I asked about the purchase of lands belonging to Jews and Christians, he said: «لیس به بأس، الی ان قال: و ایما قومٍ احیو شیئاً من الارض او عملوه فهم احق بها و هی لهم» [Hurr al-Amili, Vol. 17, Kitab Ihya al-Mawat, Chapter 1, Hadith 1: 326].
B. The narration of Sulayman ibn Khalid is regarding a man who revives a land; the Imam says: If he knows the owner of that land, he should give his right to him [Hurr al-Amili Vol. 17, Kitab Ihya al-Mawat, Chapter 3, Hadith 3: 329].
The second opinion, which states that the land in question is excluded from the ownership of the first person and falls into the ownership or the priority right of the next reviver, is mentioned in the books of Nihayah, Kafi Abu Salih al-Halabi, Ghunyah, Madarik al-Ahkam, Kifayat al-Ahkam, Mustanad al-Shi'a, and the marginalia of Makasib by the late Sheikh Muhammad Hasan Isfahani.
The third opinion, which states that if the revival of the land occurs during the occultation of the Infallible Imam (as), and with the disappearance of its signs of cultivation, the land is removed from his ownership or right of priority and enters the ownership of the second reviver, is mentioned in the books of Sharai' al-Islam, Mukhtasar al-Nafi', Tadhkirah, Tahrir al-Ahkam, Tabsirat al-Muta'allimin, Qawa'id al-Ahkam, al-Durus al-Shar'iyyah, and Jami' al-Maqasid: 1- Muhaqqiq al-Hilli says in the book Sharai' al-Islam: و ان کان الامام(ع) غائباً کان المحیی احق بها مادام قائماً بعمارتها، فلو ترکها، فبادت آثارها، فاحیاها غیره ملکها، و مع ظهور الامام یکون له رفع یده عنها [کتاب احیاء الموات ج 3: 272].
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