"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [ظ‎‎٨‎١] (١٩٠٤/١٧٣)

30
extract the contents of the mine, and God—be He praised and exalted is He—knows
it best!
Written by Abdarrahman-ibn-Yussuf.
(L.S.)
Annex 28.
Question *
In the name of God the Most Merciful!
What is your opinion about the letting of this red oxide mine ? Is the letting of
it valid, and does the mine become property in consequence of being worked or not ?
And if you say that it does not become property, does a man who works it, not knowing
that it is a mine, become its owner ? Explain it to us, and you will be rewarded, and
may God reward you for us !
Opinion.
The answer. O God (allow) justice to prevail and guide to truth !
The red oxide mine referred to belongs to the group of open mines, which do not,
by being worked, acquire the character of property to be freely disposed of; no one can
validly make such an open mine his private property to the exclusion of others, nor can
it be granted to him as a fief by patent from the Sultan; but it is common property of
the Moslems, like drinking places for cattle, grass, and firewood. And there is a
consensus of opinion (among jurists) as regards the prohibition of the letting of the
mine in question, and the exploitation referred to does not constitute a taking possession ;
and, as a corollary of that legal principle, if a person makes use of the mine and works
in it and extracts from it the red oxide referred to, he has, in extracting the red oxide,
more right to it than any one elsg, and that (holds good) if he knows that it is a mine ;
But if he does not know till after the exploitation that it is a mine, he becomes the
owner of it as land and soil and materially, and that according to the consensus of
opinion quoted by the Imam Attabari; and it is expressly stated in the Mughni and
in the Nihaye that it makes no difference whether it is extracted for trading purposes
or for any other object. In these circumstances the aforesaid Alhadj Hassan has
precedence in the extraction of the said red because he came first and up to this
moment has not taken his hand off it; but at the moment when he took
his hand off the red oxide and took the money for it,
come under the power of Alhadj Hassan. Fo
and lays his hand on it, possesses it, and
agreement, and God knows best what is right !
Written by Yuasuf-ibn-Mohammed-ibn-Abdallab, servant of the law at Lingah.
(L.S.)
Annex 29.
Fictitious D
In the name of God the Most Merciful!
The agreement is (drawn up) in duplicate.
Let all know who may see this ; I Zamil-ibn-Ibrahim-ibn-Isa Addossi, have leased
the mine which is situated in Assalime to the following persons : Alhadj Abdalhamid-
ibn-Abdal Kerim and Mustafa Kerim and Assayid Habib-ibn-Ibrahim, from this date for
so long as they are interested in the aforesaid mine. They are to pay £ T. 150 for every
year. I have likewise agreed with them that, if they wish to ship dried and fresh
dates for trading purposes at the place mentioned, they are to pay us £ T. 100 each
year as rent. We authorize them to dig wells for drinking water for their employes,
working in the aforesaid mining district. Friendly assistance is to be given by us to
their employes working in the mining district. It is possible that I may have concluded
* Cf. p. 9.
f Cf. p. 9, note ||,