How is ownership distributed if a river channel is established by the labor of several people?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
If the channel belongs to a group, the ownership is divided among them according to their labor and financial contribution, as ownership results from the revitalization, which depends on expenditure. If their collective contributions suffice for everyone, there is no dispute. If their contributions are insufficient, and they agree on division by alternation (Mubaya'ah) or another agreed method, it is permissible because it pertains to their right. If they dispute the division, the ruler divides it among them proportionally to their respective shares of ownership in the channel. This division is executed by using a solid beam or a stone with marked, equally spaced grooves at the water's upstream point, leading into separate small canals (Saaqiyah) for each owner according to their share, so that once the water enters their small canal, they have exclusive use of it.
Supporting text
If their land shares are unequal, the division is apportioned accordingly. For example, if one has half, another a third, and another a sixth, six grooves are made: three for the owner of half, two for the owner of a third, and one for the owner of a sixth.