[Overlapping Rights]

Mufti:

Alsayyed Muhammad b. Abdallah Awad Al-Muayyady

تاريخ النشر: February 14, 2026

Fatwa number: 21657

Number of views: 1

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[Overlapping Rights]

Fatwa number: 21657

Question: If a man has trees in a piece of land, and the water of that land flows to another man’s farm, and all of that has been acknowledged; then a third man comes and claims that he is entitled to the land—what we call in our custom al-ṣalb or al-maḥjar (the demarcated claim). The owner of the trees claims that the ṣalb is his, and the owner of the water says it is his to the exclusion of the others. If each of the three produces documents to support his claim—or none of them produces any proof—whose statement is to be accepted?

Answer—and Allah is the Guardian of success: Rights can concur in a single place. According to what is mentioned in the question, the statement of the owner of the trees is accepted regarding entitlement to the trees, and the statement of the owner of the outflow (al-ṣabb) is accepted regarding the outflow; for the accepted statement is that of the one with apparent indication in his favor. As for the three claims regarding the demarcated right (al-ṣalb), they are equal—none of them, outwardly, has what gives his claim precedence. Accordingly, they are all claimants; judgment of entitlement is given to whoever establishes proof.
If they all establish proof, it is divided among them in thirds. If they all swear oaths, it is also divided in thirds. If some swear and some refuse, it goes to those who swore, and so on.
If it is said: Is not the apparent [evidence] with the owner of the outflow, or with the owner of the trees, or with both?
We say: They have stated that rights can concur in a single place. The apparent [evidence] for the owner of the outflow indicates no more than his entitlement to the water; and the apparent [evidence] for the owner of the trees indicates no more than (his entitlement to) the trees. As for the demarcated right, they are all claimants, and none of them has (possession of) it.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2