Paths, roads, mosques, schools, inns, waters and minerals herein are called commonly owned properties.

Rule (748) Roads are of two kinds (a) open and (b) not so. The first kind is applicable to public roads for all people, no one is permitted to make private use of such roads, like building, digging well, canal or farming planting etc., even if it is not harmful to the road users. Building drainage system, which is part of the maintenance of road in a safe way is not an offense also in the same way constructing cellars under the road with strong and safe structure is lawful, also using the space above the roads in a manner not blocking the road is permissible. Any opening or construction that is not harmful to the road users is permissible. If one extends a balcony above the street and then removes or is removed; if he intends to build again, according to a more clear reason, it is not lawful for another party to use such space ,unless the first party stops to reuse it.

Rule (750) A dead end street surrounded by the houses belongs to the owners of the surrounding properties that have doors opening to it, not those that have only a sidewall to it. The owners of the above-said properties commonly own such street from its beginning to its end. All the rules of commonly owned properties, apply to it and none of the owners of the surrounding properties can use it without the permission of the others. Every one of them has the right to close the existing door of his property to it and open a new one.

Rule (751) One whose property has only side walls on the dead end street cannot open a door to such street without the permission of the other property owners in that street. He can open a window or such small openings to the street and opening a door not to be used as entrance, but for air circulation or the light coming in also is not free from objection.

Rule (752) All people whose homes surround a dead end street can use it without the permission of others for all of their needs and without any consideration to equal use by all people around it, even if those under others' guardianship are among them.

Rule (753) Everyone can use public roads for sitting, sleeping, praying, selling and buying etc, on them, as long as it does not disturb others or cause them hardships; no one has the right to stop or disturb such users or disturb them in their use of the area they need to place their carry-on materials, or stand on when talking business.

Rule (754) If one sits on the road (sidewalks) and moves away, if he sat to take rest and then moved, his right to that spot also becomes void, if he sits for work or business etc. If he moves after finishing his work or he does not intend to come back again his right becomes void; if someone else occupies the spot, the first person can not stop him. If he moves away before finishing his work and he intends to come back to that spot, if he leaves some of his belongings, apparently, his right to the spot still stands valid, but if he does not leave any of his belongings at the spot, the validity of his right for it is objectionable. The precautionary rule should not be ignored if it happens in one day, but if it happens in another day, apparently, without objection the second one is more right than the first.

Rule (755) The following factors form a public road.

(a) Very often use of the road by many groups of people in the case of barren land. (b) A person's decision to turn his property to be used as public road perpetually, when some people uses it, it becomes a public road and the owner can no more take it back. (c) A group's reviving a piece of barren land and leaving some parts as the roadway among the houses and properties.

Rule (756) If a public road is situated in several properties it does not have limit, like if there is a piece of barren land in the middle of several properties, three yards wide or more or less, and people use it until it becomes a public road, the property owners do not have to widen such road even if it becomes very congested for the public. The same rule applies if a person creates a road in the middle or at the boundary line of his property for people to use.

Rule (757) If a public road is situated in the middle of barren lands from both sides or only one side it cannot be revived to the limit that narrows down the road in the middle to less then five yards which is a limit for such roads by sharia, in fact, it is better to leave the road seven yards wide. If reviving adjacent barren land narrows down the road to less than five yards, the road must be extended by adding the revived land to the road. If a person revives the land from one side of the road and then another from the other side to the extent that narrows it to less then five yards, only the second reviver has to leave enough space for the road not the first one.

Rule (758) If people stop using a road either because it is no more needed or because of some obstacles, the rules of roads will no more apply to it, for both the subject and name are not there any more, any one can revive it.

Rule (759) If a road is wider than five yards if its extra part is used as a road it is not lawful to revive or possess it, if it is not used as a road if that extra portion is needed because of traffic, it is not lawful to possess such portion, otherwise, it is not an offense to possess and revive it.

Rule (760) All Muslims can pray in mosques without distinction, no one can disturb others, unless one has occupied a place therein before him, apparently, prayer has priority over other activities, thus, if one decides to pray individually or in congregation, it is not lawful for others to disturb him, even if one is there before the person praying, like one reading the holy Qur'an or other prayers or teaching. He must vacate the place for the one praying a formal prayer. The same rule may apply, even if the person praying chooses the place out of his own choice, if a person who wants to pray chooses a

place already occupied by another person who is not praying, it is objectionable to disturb him by an act other than prayer even if he is there before the person who wants to pray.

Rule (761) If one comes to pray individually, others who want to pray in congregation must not stop or disturb him, although it is better to vacate such place for those praying in congregation if other place is available for prayer and not to be an obstacle for virtue.

Rule (762) If one stands up from his place in the mosque and leaves it, if he does not intend to occupy that place again, his right to the place becomes void. If he then comes back and finds it occupied by another person, he can not move or disturb him. If he intends to come back and leaves his luggage behind, his right to the place also stands valid without objection. If he leaves no luggage, the validity of his right is open to objection, according to a precautionary rule his right should be reserved, especially if he leaves the place because of some emergency, like renewing his Taharah (formal cleaning) etc.

Rule (763) One's only leaving his luggage to establish the right to such place is objectionable; precautionary rule should not be ignored. This is if the time between his leaving his luggage and his coming back is not very long that leaves the place idle, otherwise, such reservation is not effective and it is lawful for others to use it and move his luggage and pray there if the luggage may have occupied some space and without moving the luggage one can not pray, whether or not one becomes liable for such luggage if he moves them, there are two views about it, according to a more clear reason he is not liable for it because there is no ground for such responsibility after the fact that it is lawful to move it in order to reach one's own right.

Rule (764) All the above mentioned rules apply to the holy shrines.

Rule (765) The lawfulness and otherwise of residing of students in school (religious) properties, depends upon the terms of the endowment incorporated by the person forming the endowment contract. If the contract says, that the beneficiaries are a certain group of students like those of the subject of Sharia, jurisprudence or theology etc., others besides these cannot use such properties.

About the beneficiaries in terms of who has the priority and who does not have, all the rules applicable to likewise situations of Mosques are applicable in this case too. If one reserves a room in a school property he establishes a priority to the use of room, and others cannot disturb him, as long as he does not leave the room for good even if he stays for a long time in that room, unless the endowment contract has a limit for each person's stay like five years for example, in which case it is necessary to vacate the place soon when the time expires.

Rule (766) If the endowment contract requires certain qualifications and conditions, like to be a single student or a married one or be a teacher or a student etc., if he gets married or becomes single or quits teaching etc., he must also vacate the place as soon as his condition or qualification turns to be against the terms of the endowment contract. In short, the right to reside in the property of school depends on terms of both the existence of such right and its continuing to exist on the terms and conditions of the endowment contract, thus, unqualified persons can not reside therein.

Rule (767) One entitled to reside does not lose his right because of leaving the property for his daily needs like going out for food etc., as well as one's going on a journey for a day or two or more, and also the journeys which are commonly undertaken which take a certain period of time like a month or two or more, like going to Hajj or visiting the holy shrines, or visiting relatives etc., with the intention of returning and leaving one's luggage behind. It is not an offense to go on such a journey as long as it is not against the terms of the contract of the endowment. It is necessary that one must be called a resident of the school property, if the journey time is so long that one having such a journey can no longer be called a resident of the school, his right to the use of the property becomes void.

Rule (768) If the contract requires the resident not to leave at certain times like week days or at all times, if one goes against such condition, his right to reside therein becomes void.

Rule (769) The resident of an accommodation in such a place must not stop another to share the facility with him unless it is only for one person due to its size or because of the terms of the endowment.

Rule (770) A shelter for the needy is subject to all the rules mentioned for schools.

Waters of rivers and canals, like Tigris and Euphrates etc., or small ones which flow naturally like the springs, or floods or melting snow, and the springs gushing from mountains or barren land etc., are all of the commonly-owned properties.

Rule (772:- Whatever of water flows naturally or is collected in some way without any hands involved in it, is of the things that originally is lawful to own, things any one who reserves any thing from them like some water in a container, he owns it, regardless of being Muslim or a non-Muslim.

Rule (773) Water of wells, springs and waterway tunnels that flow due to excavation, not naturally, is the property of the person who has worked to excavate; no one else can use them without his permission.

Rule (774) If one digs to revive a canal in his own or barren land so that it is lawful to own water flow therein, he becomes the owner of such water also.

Rule (775) Every one's share of water in a commonly owned canal is proportionate to his share of canal. If a canal is owned in equal portions, the same rule applies to water. If a canal is shared in smaller and larger portions, the same applies to water. This rule of proportion, does not apply to the lands receiving water from such canals.

Rule (776) The water of a commonly owned canal is also subject to the rules of commonly owned properties. Thus, no one is allowed to use it without the permission of others. If every one of them agrees to let every other person having a share to use it, at all times and in any quantity, he then can do so.

Rule (777) If disputes take place among people sharing a canal, like any other situation they must reach a settlement of dividing according to proper shares and portions by means of special dividing materials which provides the desired ratios and quantities of water like 1/2, 1/3, 1/4 and so on to satisfy the demand.

Rule (778) Dividing the water of a commonly owned canal proportionately, apparently, is compulsory, thus, upon demand of a partner to divide, those who refuse, are forced to do so. But letting each other to use by hours or days or alternative use is not binding, thus, every one can change his mind, apparently, one who has already used for his turn cannot change his mind in such arrangement.

Rule (779) If a group of people find some water originally lawful to own like natural spring etc., every one of them has the right to benefit. If it is enough for every one's needs without any disturbance the matter is settled, otherwise, each receives his share on first come first served basis if applicable or on the basis of serving first those closer to the source and so on if applicable. The same rule applies to canals taken from rivers. If first come first served or closer to the source receives his share first is not applicable, the one closer to the source gets what he needs and then the next one and so on. First come first serve here means those who have first revived the land or have established their canals.

Rule (780) Maintenance of commonly owned canals is the duty of all members proportionate to the size of their shares if every one comes forward for the job, but those who do not participate, cannot be forced. The participants to work are not entitled to demand from non-participants his share of expenses, unless, their participation is because of non-participant's request and commitment to pay his share of expenses.

Rule (781) If the canal is owned by a child and other people, and without the child participation others cannot benefit from it for some reason, it is necessary for the guardian of the child for the interests of the child, to participate in the construction or maintenance of the canal or bearing the expenses according to the share of his ward.

Rule (782) It is not lawful for the owner of a canal to change the course of the canal without the agreement of those benefiting from it for their plantations or other needs by the permission of the owner of the canal. Also it is not lawful to reserve a pasture and prevent others to use it, unless it is his private property that he can use.

Rule (783) Minerals are of two kinds.

(a) Those on the surface of the earth which do not require digging of the ground like salt etc. (b) The underground minerals which require digging and work to take them out, like gold and silver mines. Those in (a) are owned by means of reservation, regardless, of the quantity and the remaining is of the common properties. Those in (b) are owned through reviving after reaching and exposing them. If some digging work is done and the mineral is not yet exposed, such work is good enough for the reservation of the minerals.

Rule (784) If one starts reviving and establishing a mine and then gives up and ignores it, the high authority in sharia or his agent forces him to complete the work or leave it alone. If he gives some reason, he is given sometime until his reason is over and then is given one of the two above choices.

Rule (785) The underground minerals are owned by means of reviving the land if common sense considers them as materials subordinate to the land, but the oil wells etc. that need a lot of digging to reach them, such minerals are not subordinate to the land; they are not owned by means of reviving the land.