because they are not owned by revival. The correct [view] is that this is permissible, because the Prophet (peace and blessings of Allah be upon him) granted the minerals of al-Qabaliyyah—both its highland (jalsiha) and lowland (ghawriha) portions—to Bilal ibn al-Harith (16). [Narrated by Abu Dawud and others] (17).

Section: Whoever revives a piece of land and thereby owns it, and a mineral deposit appears in it, he owns it, whether it is apparent or internal, provided it is one of the solid minerals; this is because he owns the land with all its parts and strata, and this is part of it. It differs from treasure, for that is deposited in it and is not part of its components. It also differs from the case where it was apparent before the revival of the land, because in that case, he would have cut off from the Muslims a benefit that was reaching them and prevented them from a utility that was theirs, whereas here, he has not cut anything off from them, because it only appeared through his exposing it. If he encloses the land or it is granted to him, and the mineral appears in it before its revival, he would then have the right to revive it and own it with whatever is in it; because he has become more entitled to it through his enclosure and the grant, so he is not prevented from completing his right. As for fluid minerals, such as tar, petroleum, and water, does the person in whose property they appear own them? There are two reports [riwayatan] regarding this. The most apparent of them is that he does not own them, due to the saying of the Prophet (peace and blessings of Allah be upon him): "People are partners in three things: water, pasture, and fire" (18). [Narrated by al-Khallal]. Furthermore, they are not parts of the land, so he does not own them by virtue of owning the land, similar to treasure. The second [view] is that he does own them, because they are emerging from his land which is owned by him, so they resemble crops and solid minerals.

Section: If a person begins to dig for a mineral and does not reach the yield, he becomes more entitled to it, like one who encloses land and begins to revive it. Once he reaches the yield, he becomes more entitled to extract from it, as long as he remains engaged in extracting from it. As for whether he owns it by doing so, the matter is as we have mentioned before. If another person digs from another side, he has no right to prevent him. And when he reaches that vein, he has no right to prevent him, regardless