Who owns running minerals such as bitumen (qār), oil (naft), or water when they appear on owned land?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two narrations concerning the ownership of running minerals like bitumen, oil, and water that emerge on one's property. The stronger narration is that the owner does not own them. This is supported by the Prophet's saying: 'The people are partners in three things: water, pasture (*kalā*), and fire,' as narrated by Al-Khallal. Additionally, these substances are not considered part of the land's structure, so ownership of the land does not confer ownership of them, similar to buried treasure.

Supporting text

The second narration holds that the owner does own these running minerals because they emerge from his owned land, thus resembling crops or solid minerals.