Section

A surface mine is any deposit that comes forth without human processing—such as petroleum, sulphur, pitch, mumiyāʾ (bituminous earth), barām (alkaline mineral), or stone suitable for mill-wheels. Such resources cannot be appropriated through the mere revival of land, nor does one gain an exclusive right to them by delimitation or by state allotment. If access becomes too restricted for all to benefit, precedence is given to the one who reached the site first, limited to the amount he actually needs; should he ask for more, the sounder view is that he must yield. If two parties arrive simultaneously, the preferred opinion is that the matter is decided by drawing lots.

A subsurface mine is a deposit that cannot be obtained without excavation and treatment, like gold, silver, iron, or copper. According to the preponderant opinion, it does not become owned merely by digging and working it. However, if someone revives dead land and later discovers a subsurface mine therein, that deposit belongs to him.

Public waters flowing through valleys or issuing from mountain springs are equally available to everyone. When several people wish to irrigate from them and the supply is insufficient, priority goes to the higher plots first, each user retaining the flow until it reaches ankle depth. If the terrain slopes unevenly, each bank irrigates separately.

Whatever water a person draws into a container from such a source becomes his personal property, on the sound view. Whoever sinks a well in dead land for his own convenience has the strongest claim to its water until he moves on. A well dug with the intention of acquisition, or one located within private property, gives its owner title to the water, according to the sounder opinion. Whether or not he formally owns the water, he is not obliged to share whatever exceeds his need for crops, though—according to the correct view—he must allow it for thirsty livestock.

The water of a shared canal is divided by placing a plank across its width and piercing it with openings—equal or proportionally varied—according to each partner’s share; they may also agree to divide usage by alternating turns (muhāyaʾah).