they both right, or both wrong? What are the positions of the imams on this matter?
He replied:
Praise be to Allah. Vegetation that grows without human intervention—such as herbage that Allah causes to grow on land a person owns or leases, or the like—may not be sold according to the school of Abū Hanīfa and the well-known position reported from Ahmad. This is also the view of some followers of Mālik and al-Shāfiʿī, because the Prophet, may Allah bless him and grant him peace, said:
“People share in three things: water, herbage, and fire.”
It is clear that the Prophet, may Allah bless him and grant him peace, did not mean only what grows on land open to common use. People share in everything found on such land, of every kind, including fluid mineral substances such as pitch and petroleum, and solid minerals such as gold, silver, salt, and others. Thus, it is understood that he meant what grows on a person’s own land.
Furthermore, it is established in Sahīh Muslim that the Prophet, may Allah bless him and grant him peace, said:
“There are three whom Allah will neither speak to nor look at on the Day of Resurrection, nor will He purify them, and theirs will be a painful punishment: a man who has surplus water but withholds it from a wayfarer, to whom Allah will say, ‘Today I withhold My bounty from you, just as you withheld the surplus of what your own hands did not produce’; a man who pledges allegiance to a ruler solely for worldly gain—if the ruler gives him something, he is pleased, but if he withholds it, he is displeased; and a man who falsely swears, after the afternoon prayer, that he has been offered more for an item of merchandise than