Does commencing excavation of a mine grant immediate right to the mine?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
A person who begins excavating a mine and reaches the subterranean water source (al-nayl) becomes the most rightful claimant to it, similar to one who begins the revival (ihya) of barren land. Upon reaching the water source, the person maintains the right to extract from it so long as they remain engaged in extraction. Whether this grants full ownership remains subject to prior discussions.
Supporting text
If another person digs from a different direction and reaches the same vein (al-'arq), the first excavator cannot prevent them. This holds true whether ownership is established by excavation or not, because if ownership is established, it pertains only to the excavated space, not the entire vein within the earth. Therefore, whoever reaches the vein from another path is entitled to take from it.