'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎119r] (248/1904)

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gets anything out of tht-.m, and lays hands upon The lessor has no right to
a rent in consequence of tnis invalid agreement, and no person can validly make such
open mine his private property to the exclusion of others, but it is common property,
like running water, grass, and firewood. So much, and God knows best!
Written by Muhammed-ibn-Abdarrahman
Annex 26.
Question*
In the name of God the Most Merciful!
\\ hat is your opinion, O learned of Islam—may God multiply such as you^—in
regard to the lease agreement and the validity of the document which is the original of
this copy •' Have Alhadj Hassan-ibn-Ali-ibn- Samaih, who is mentioned in the copy of
the original, and his partners the right of user according to the religious law ? Is it
permissible for him to give it to another or not ? May Sheikh Salim-ibn-Sultan prevent
Altiad] Hassan and his partners Irom extracting the red oxide in question or not,
because he has previously let it ? Is this document valid or not ? Explain it, and you
will be rewarded and receive the heavenly reward.
Opinion.
The answer, We pray to Thee, 0 God, for guidance to arrive at the truth !
The lease mentioned in the document is null and void. The
to belongs toAlhaoj Hassan and the others, fo
one's free property and belong to no one in partic
takes what he requires out of them, even for pur
right to give the mine to others, and the sheikti
partners from extracting the red, oxide referred even the Imam
is not at liberty to give open mines to anyone as a fief, for they are common property
of the Moslems and others, like water and grass. Whoever first comes to open mines
extracts what he requires, and no one may interfere with him until he has got enough.
The document is, therefore, null.and void, and Sheikh Salim-ibn-Sultan has no right to
the rent as against Alhadj Hassan and the others his partners, by God the Highest!
Written by Muhammed Mahdi-ibn-Abdallah.
(L.S.)
Annex 27.
Question.^
In the name of God the Most Merciful!
What is your opinion, 0 learned of Islam—may God multiply such as you—in
regard to the lease agreement and the validity of the document which is the original
of this copy ? Have Alhadj Hassan-ibn-Ali-ibn-Samaih, who is mentioned in the copy
of the original, and his partners, the right of user according to the religious law ? Is
it permissible for him to give it to another or not ? May Sheikh Salim-ibn-Sultan
prevent Alhadj Hassan and his partners from extracting the red oxide in question or
not, because he has previously let it ? Is this document valid or not Explain it, and
you will be rewarded and receive the heavenly reward.
Opinion.
Praise is due to God ; Oh God (lead) to truth !
The lease referred to is invalid, and
Alhadj Hassan and his partners, and Alhadj
* Cf. p. 9. + Cf. p. 9.
[2574 c—1] ■ ' i