What is the ruling concerning the protected area (Hareem) of a privately revived river channel?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

The protected area (Hareem) of the channel belongs to its owner. This is based on the saying of the Messenger of Allah (peace be upon him): 'Whoever revives land that is not owned, it belongs to him.' Revitalization includes enclosing it with a wall or digging a well in it, granting the owner twenty-five cubits around it. The protected area of a river channel must be established similarly.

Supporting text

The view of Al-Qadi and the Shafi'i school states that the protected area is a right annexed to ownership, not owned outright like the structure itself.