at Ma'rib, so he granted it to me. Then it was said: O Messenger of Allah, it is like a perpetual water source ('idd), meaning that it does not cease. The Messenger of Allah (peace and blessings of Allah be upon him) then said: "Then not (i.e., I revoke it)." Furthermore, because the general interests of the Muslims are tied to this, it is not permissible to revive it nor to grant it as a fief, just like common watering places and the roads of the Muslims. Ibn 'Aqil said: "This is one of Allah the Generous's materials and the overflow of His bounty which is indispensable. If someone were to own it through reservation, he would possess the right to forbid it, thus causing hardship to the people. If he were to demand compensation for it, he would make it expensive, and it would depart from the position in which Allah placed it, which is to be for the benefit of those in need without burden." This is the school of al-Shafi'i, and I know of no one who differs on this.

Section: As for internal minerals, which are those that cannot be reached except through labor and expense, such as mines of gold, silver, iron, copper, lead, crystal, and turquoise, if they are apparent, they cannot be owned by revival either, for the same reason we mentioned regarding the previous ones. If they are not apparent, and a person digs them and exposes them, he does not become the owner of them through that, according to the apparent [view] of the school and the apparent view of the school of al-Shafi'i. It is possible that he does become the owner through that—which is a position held by al-Shafi'i—because it is dead land (mawat) that is not benefited from except through labor and expense, so it is owned through revival, like land. Also, because by exposing it, it becomes prepared for benefit without the need to repeat that labor, so it resembles land when one brings water to it or encloses it. The basis for the first [position] is that the revival that results in ownership is the cultivation that prepares the reviver for benefit without the need for recurring labor, whereas this [mining] is digging and clearing that requires repetition every time one intends to benefit. If it is said: "If he digs a well, he owns it and owns its surroundings," we reply: The well becomes prepared for benefit without the need for renewing the digging or construction, whereas these minerals require labor and construction at every instance of benefit; therefore, they differ. Our companions said: The Imam may not grant them as a fief;