What is the ruling regarding water distribution if the water itself is considered unowned in a privately revived channel?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 6 · Bab 1

Open in Qurani

Primary text

According to the position that water itself cannot be owned in this context, the ruling for the water in this channel is the same as for water in a truly unowned river. The one who arrives first to the water holds the right to irrigate first, followed by the next in sequence, because the water is unowned, and whoever reaches it first has the greater right, just as in an unowned river.

Supporting text

The ruling of the Shafi'i school aligns with the detailed discussion presented here regarding this type of channel.