What is the ruling regarding the right of the person who first occupies a public spot?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
The person who is first to occupy a designated spot retains the right to it as long as they remain present. If the first person leaves while their belongings remain, another person is not permitted to remove those belongings. However, if the first person removes their belongings, then it becomes permissible for another to occupy the spot.
Supporting text
If the first occupant sits for an extended period, they may be prevented because their prolonged presence equates to monopolization, allowing them an exclusive benefit that others have an equal right to claim. Alternatively, it is suggested they should not be removed because they were the first to secure a right that no other Muslim had previously claimed. If two individuals compete for the spot simultaneously, the matter may be decided by lot, or the Imam (ruler) may prioritize whomever he deems fit.