in it, so it is similar to if someone were to stand in a water trough without need. If he prolongs his stay and his taking [of resources], it is possible that he should be prevented, because he becomes like an owner of it. It is also possible that he should not be prevented, due to the unrestricted nature of the hadith. If two people race to it and the place is too narrow for both, lots are drawn between them because neither has superiority over the other. It is also possible that it be divided between them, because its division is possible, and they are equal in regard to it, so it is divided between them, just as if they both claimed an item that is in their possession and neither has evidence for it. It is also possible that the Imam should give priority to whichever of them he deems fit, because he has the authority of oversight. The Qadi mentioned a fourth view, which is that the Imam appoints someone to collect for both of them and divide it between them. This elaboration is the madhhab of al-Shafi'i.

Section: As for islands from which the water has receded, they cannot be owned through revival (ihya'). Ahmad said, in the narration of al-Abbas ibn Musa (26): If the water recedes from an island toward a man's canal (27), he should not build upon it, because there is harm in that, namely that the water returns—meaning it returns to that location—and if he finds it built upon, it returns to the other side, thus harming its people. Also, because islands are places where forage and firewood grow, they are treated like visible minerals, and the Prophet (may Allah bless him and grant him peace) said: "There is no hima (protected pasture) in the arak (tree)" (28). Ahmad said, in the narration of Harb: It is reported from Umar that he declared islands permissible (29) [meaning he declared the vegetation that grows] (30) in the islands permissible, and said: If the Euphrates recedes from something, then vegetation grows in it, and a man comes and prevents people from it, he has no right to do so. As for if water overcomes a person's property and then recedes from it, he may take it, for his ownership does not cease due to the water's overpowering it.