so that they may benefit from it, or so that he himself may benefit from it during the period of his stay there and then leaves it, he does not own it. He had the right to benefit from it, but once he abandons it, it becomes the property of all Muslims, like apparent mineral deposits. As long as he is residing there, he is more entitled to it because he was the first to arrive at it; he is like one who marks boundaries and begins reclamation.

Section: If a person has a tree on barren land, he is entitled to its protected perimeter to the extent that its branches extend around it, and in the case of a palm tree, it is the extent of its fronds. This is based on what Abu Dawud (12) narrated, with his chain of narration from Abu Sa'id, who said: A dispute was brought to the Prophet (peace and blessings of Allah be upon him) regarding the protected perimeter of a palm tree, so he ordered one of its fronds to be measured, and it was seven (13) cubits or five cubits, and he passed judgment accordingly. If he plants a tree on barren land, it belongs to him along with its protected perimeter. If he arrives first at permissible trees, such as olives or carobs, and he waters and improves them, he is more entitled to them, like one who marks boundaries and begins reclamation. If he gathers its fruit, he gains ownership of it and its protected perimeter through that, because it has been prepared for the benefit intended from it; it is like channeling water to barren land. This is also due to the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever reaches first what no Muslim has reached before, he is more entitled to it" (14).

Section: Whoever possesses a well containing water, and another person digs a well nearby such that the water of the first well leaks into it, he does not have the right to do so. This is the same whether the digger of the second well is on his own property, such as two men residing in adjacent houses where one digs a well in his house, then the other digs a well deeper than it, causing the water of the first to flow into it, or if both are on barren land, where one arrives first and digs a well, then another comes and digs a well near it that draws the water of the first. Al-Shafi'i agreed in this second case because he does not have the right to initiate his ownership in a manner that harms the owner who preceded him. Regarding the first case, he said: He may do so because it is a permissible act of disposal within his own property, so it is lawful for him to perform it, just like raising the height of his house. Such is the disagreement regarding everything a neighbor initiates that causes harm to his neighbor, such as turning his house into a tannery or a bathhouse that harms the neighbor's property through the heat of its fire, its ash,