He asked the Messenger of Allah ﷺ about reserving arak trees as a private preserve.The Messenger of Allah ﷺ replied, "There is no private reserve over arak trees."The man said, "It is an arak tree within the boundaries of my own land."The Prophet ﷺ repeated, "There is no private reserve over arak trees."
أنه سأل رسول الله ﷺ عن حمى الأراك، فقال رسول الله ﷺ: لا حمى في الأراك. فقال: أراكة في حظاري. فقال النبي ﷺ: لا حمى في الأراك.
Abu Dawud (3066) narrated it from Muhammad bin Ahmad Qurashi, who said, Abdullah bin Zubayr told us, Faraj bin Saeed told us, my uncle Thabit bin Saeed told me, from his father, from his grandfather, from Abyad bin Hammal, and he related it.Faraj said, "By hazari he means the land in which there are crops that have been fenced in."Its chain is hasan because of Thabit bin Saeed, who is "acceptable" since he has corroborating narrations, as mentioned before.A note, Thabit bin Saeed is the son of Abyad bin Hammal, so his statement "from his grandfather, from Abyad bin Hammal" means that Abyad bin Hammal stands in place of his grandfather. However, in other sources this chain reads "from his grandfather Abyad bin Hammal," without the word "from."Khattabi said, "It appears that this arak tree existed at the time the land was reclaimed and cultivated, with a fence standing around it. So he came to own the land through cultivation, but did not come to own the arak tree, since it served as pasture for grazing livestock. As for arak that grows on a man's own property, it is protected for its owner and he is not prevented from owning it and dealing with it as he wishes, there being no difference between it and any other tree that people plant on their land."