in properties, such as asphalt, petroleum, bitumen, and salt. The same rule applies to whatever grows on his land, such as herbage and thorns; for all of these are derived from the two narrations regarding water. The correct view is that water is not owned, and thus neither are these. Ahmad said: "I do not approve of selling water at all." Al-Athram said: "I heard Abu Abd Allah being asked about a group of people who share a river from which their lands are irrigated; one has a day [of irrigation rights], another has two days, which they agree upon by shares. So my day comes and I have no need for it; may I lease it for dirhams?" He replied: "I do not know, but the Prophet—peace and blessings of Allah be upon him—forbade the sale of water." It was said: "He is not selling it, he is only leasing it." He said: "They have only used this as a ruse to make it appear good, for what is this other than selling!" Al-Athram narrated with his chain of narration from Jabir and Iyas ibn Abd al-Muzani that the Prophet—peace and blessings of Allah be upon him—forbade that water be sold. It was also narrated from a man among the companions of the Prophet—peace and blessings of Allah be upon him—who said: "Muslims are partners in three: water, fire, and herbage." Abu Ubayd narrated it in the book "al-Amwal". So, if we say that it is not owned, the owner of the land has more right to it than anyone else because it is on his property. If someone else enters without his permission and takes it, he becomes its owner because it is originally permissible; this is similar to if a bird nests on his land, or a deer enters it, or if it dries up and reveals fish, and someone enters and takes them. As for what he gathers of water in his vessel, or takes of herbage in his rope, or gathers in his pack, or takes from minerals, he becomes the owner of it by that, and he has the right to sell it without any disagreement among