Is land exposed by receding water (Jazair) owned through reclamation (Ihya)?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Land that becomes exposed when water recedes (Jazair) is not owned through reclamation (Ihya). Ahmad, according to the narration of Al-Abbas ibn Musa, stated this is because the water will return, causing harm to whomever builds upon it when it flows back to the other side. Furthermore, these exposed lands are places where fodder and firewood grow, placing them in the category of apparent minerals (Ma'adin Dhahira). The Prophet, peace and blessings be upon him, stated, "There is no reserve (Hima) in the wild trees (Al-Arak)."
Supporting text
In a narration by Harb, Ahmad reported that Umar permitted the use of these exposed lands, meaning he permitted what grows on them. Umar stated that if the Euphrates receded and something grew upon it, a person cannot prevent others from using it. However, if water overwhelms an individual's property and then recedes, the original owner retains the right to take it, as ownership is not removed merely by the dominance of water.