How should a dispute be resolved if two individuals race to claim the same mineral deposit and the location is too confined for both?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
If two individuals race for the deposit and the location cannot accommodate both, lots shall be drawn between them, as neither has precedence over the other. This division mirrors the ruling when two parties claim an item in their possession without evidence for either.
Supporting text
It is possible that the resource should be divided equally between them, as division is feasible and they are equal in their claim. Furthermore, the Imam may prioritize the individual whom he deems fit based on his discretion. The view of Al-Qadi mentions a fourth opinion: that the Imam appoints someone to extract on behalf of both parties and then divides the yield between them. This detailed differentiation represents the school of Al-Shafi'i.