When does ownership of a small, newly dug channel connecting to a public large river become established?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Ownership of a small channel dug by a person, connecting to a larger public channel, is established when the digging is completed such that the channel reaches the main river. Ownership is established through revitalization (Ihya), which is perfected when the construction (the channel) reaches its intended purpose, allowing for repeated benefit in that specific form. Ownership is complete whether water flows in it or not, as revitalization occurs by preparing it for benefit, not necessarily by obtaining the benefit itself. Consequently, the owner possesses the bed of the channel, its banks, and its air space, as well as its surrounding protected area (Hareem), which is the deposit of mud on every side.
Supporting text
The view held by Al-Qadi is that the channel itself is not owned by the channel's owner; rather, it represents a right pertaining to ownership, similar to the protected area (Hareem) around a well. This is also the position of the Shafi'i school.