What is the ruling regarding mineral ownership if land is merely set aside (*tahajur*) or granted (*iqta*) before it is revived, and a mineral is discovered?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the land was merely set aside or granted, and a mineral appeared before the land was formally revived, the land holder is entitled to revive it and owns everything within it, including the mineral. This is because the act of setting aside or granting made him more deserving of the right, thus he is not prevented from perfecting his right.