Jamoat mulki — bu Shaari'ning jamoatga mulkni birgalikda foydalanishga bergan ruxsatidir. Jamoat mulki bo‘lgan mol-mulk shular bo‘lib, ularni Shaari' butun jamoaga tegishli deb bayon qilgan va shuningdek, ulardan birortasini yakka tartibda egallashni shaxsga man etgan mol-mulklardir. Bu uch turga bo‘linadi:

Public property is the permission of the Lawgiver to the community to share the use of the asset. Assets which are public property are those which the Lawgiver stated that as belonging to the community as a whole, and those which He prevented the individual from possessing any of them singularly. This is categorised in three types:

1. Jamoat yoki shahar aholisi uni topish uchun tarqalib ketishi mumkin bo‘lgan darajada zarur bo‘lgan narsa, ya’ni ommaviy foydali hisoblanadigan narsa.

1. That which is considered a public utility, so that a town or a community would disperse in search for it if it were not available.

2. Hisobsiz miqdordagi mineral zaxiralari.

2. The uncountable stores of minerals.

3. Narsalar, ularning tabiatiga ko'ra, shaxsning mulkka egalik qilishiga to'sqinlik qiladigan narsalar.

3. Things which, by their nature, would prevent the individual from possession.

Jamoat mulkiga oid xizmatlarga kelsak, ular odamlar tomonidan umumiy ravishda foydali deb hisoblangan barcha narsalardir. Payg‘ambar ﷺ ularni hadislarda sanab o‘tish orqali emas, balki ta’riflash orqali tushuntirgan. Ibn Abbos rivoyat qilishicha, Payg‘ambar ﷺ shunday degan: “Musulmonlar uch narsada sherikdirlar: suvda, o‘tloqlarda va olovda”. Buni Abu Dovud rivoyat qilgan. Anas Ibn Abbosdan qo‘shib rivoyat qilgan: “Uning narxi harom (taqiqlangan)dir”. Ibn Moja Abu Hurayradan (roziyallohu anhu) rivoyat qilishicha, Payg‘ambar ﷺ shunday degan: “Uch narsa (odamlardan) man qilinmaydi: suv, o‘tloqlar va olov”. Bu odamlar suvda, o‘tloqlarda va olovda sherik ekanliklarining va shaxsning ularni o‘ziga xos qilib olishi taqiqlanganligining dalilidir. Lekin shunga e’tibor berish kerakki, hadis ularni uch deb zikr qilgan va ular jomid (hosila bo‘lmagan, qat’iy nomlar)dir.

With regard to the public utilities, they are everything that is generally considered as a utility by the people. The Prophet explained them in the Ahadith by their description rather than by enumerating them. Ibn ‘Abbas narrated that the Prophet said: “Muslims are partners (associates) in three things: in water, pastures and fire,” reported by Abu Dawud. Anas narrated from Ibn ‘Abbas adding, “and its price is Haram (forbidden).” Ibn Majah narrated from Abu Hurairah (ra) that the Prophet said: “Three things are not prevented from (the people); the water, the pastures and the fire.” This is an evidence that people are partners (associates) in water, pastures and fire, and that the individual is prohibited from possessing them. But it is noticed that the Hadith mentioned them as three, and they are Jamid (non-derived)

Hadis matnida illat (sabab) zikr etilmagan, va bu shuni anglatishi mumkinki, bu uchta narsa jamoat mulki bo‘lib, ularning jamoaning ehtiyoji uchun ahamiyati e’tiborga olinmagan holda, faqat shular ommaviy mulk hisoblanadi.

names, and there was no mentioning of Illah (reason) in the Hadith. The Hadith did not include Illah (reason), and this could imply that these three things are the only ones which represent public property with no consideration given to their depiction for the community’s need for them.

Lekin masalani chuqur o'rgansa, kishi Payg'ambar ﷺ Ta'if va Xaybarda suvni shaxslarning egalik qilishiga ruxsat berganini ko'radi.

However, if one scrutinised the issue he would find that the Prophet allowed the possession of water in At-Taif and Khaybar by individuals,

va ular haqiqatan ham uni o'z ekinzorlari va dalalarini sug'orish maqsadida egallaganlar. Agar suvni shirkat qilish faqat u suv bo'lgani uchun bo'lganda, ya'ni jamoaning unga bo'lgan ehtiyojini hisobga olmasdan bo'lganda, u holda u shaxslarga uni egallashga ruxsat bermagan bo'lardi. Shunday ekan, Payg'ambar ﷺ ning: "Musulmonlar uch narsada sherikdirlar: suvda, o'tloqda va olovda", degan so'zlaridan hamda u shaxslarga suvni egallashga bergan ruxsatidan kelib chiqib, illat (sabab) ni shunday xulosa qilish mumkinki...

and they actually possessed it for the purpose of irrigating their plants and farms. Had the sharing (association) of water been just because it is water and not because of the consideration of the community’s need for it, then he would not have allowed individuals to possess it. So from the saying of the Prophet , “Muslims are partners (associates) in three things: in water, pastures and fire” and from his permission to individuals to possess the water, it can be deduced that the Illah (reason)

shirkat fi-l-ma', al-kala' va-n-nar — ularning jamoat manfaatlari bo'lgan, jamiyat uchun ajralmas zarur narsalar ekanligi bilan (bog'liq). Shu sababli hadis uchtasini zikr qilgan, ammo ularning jamoat manfaatlari ekani sabab (illat) sifatida asoslangan. Demak, bu illat hukm bilan birga mavjudlikda ham, yo'qlikda ham davom etadi. Shunga ko'ra, jamoat manfaatlari sifatiga ega bo'lgan har qanday narsa umumiy mulk hisoblanadi, u suv, o'tloq yoki olov bo'lsinmi, ya'ni hadisda aniq zikr qilinganmi yoki yo'qmi, farqi yo'q. Agar biror narsa jamoat manfaatlari bo'lishdan to'xtasa, hatto hadisda zikr qilingan bo'lsa ham, masalan suv kabi, u jamoat manfaati bo'lmaydi, balki shaxsan egalik qilinishi mumkin bo'lgan narsalar jumlasiga kiradi. Biror narsaning jamoat manfaati ekanini aniqlash mezoni shuki, u jamoa uchun mavjud bo'lmasa,

of partnership in the water, pastures and fire, is their being of the community utilities that are indispensable to the community. So the Hadith mentioned the three (things) but they are reasoned as being community utilities. Therefore this Illah (reason) goes along with the reasoned (rule) in existence and in absence. So anything that qualifies as being of the community utilities is considered a public property, whether or not it was water, pasture or fire i.e. whether it was specifically mentioned in the Hadith or not. If it ceased to be of the community utilities, even if it was mentioned in the Hadith like the water it would not be a community utility, it would rather be of the things which can be possessed individually. The criteria for determining things to be a public utility is that it is anything which, if not available to the community,

Jamoa bedavi guruh, qishloq, shahar yoki davlat bo‘lganidan qat’i nazar, agar uni (ehtiyoj tufayli) izlab tarqalib ketishga olib keladigan bo‘lsa, u holda bu narsalar jamoaning umumiy foydalanish manbalari hisoblanadi, masalan, suv manbalari, o‘tin beradigan o‘rmonlar, chorva mollari uchun yaylovlar va shunga o‘xshash narsalar.

whether the community was a group of bedouins a village, city, or a State, would cause them to disperse in search of it, then it would be considered of the community utilities, like the water sources, forests of firewood, pastures of livestock and the like.

Konlar haqida gap ketganda, ular ikki turga bo‘linadi: biri miqdori cheklangan bo‘lib, sezilarli hisoblanmaydigan konlar. Ikkinchisi esa miqdori sanab bo‘lmaydigan konlar. Birinchi turdagi kon yakka tartibdagi mulk bo‘lishi mumkin, uni bir kishi egallaydi va yashirin xazina (Rikaz) kabi muomala qilinadi, ya’ni undan beshdan bir qismi Bayt al-Mol (davlat xazinasi)ga to‘lanadi. Amr ibn Shu‘ayb otasidan, u bobosidan rivoyat qiladi: Payg‘ambar ﷺdan Luqatah (yo‘lda topilgan narsa) haqida so‘raldi, u shunday dedi: “Jamoat foydalanadigan yo‘ldan yoki qishloqdan topilgan narsani bir yil davomida e’lon qilishingiz kerak. Agar kimdir uni talab qilsa, unga bering; agar talab qilmasa, u sizniki bo‘ladi. Lekin agar u vayron bo‘lgan joylarda topilsa, undan va yashirin xazina (Rikaz)dan beshdan bir qismi Bayt al-Molga to‘lanishi lozim”. Abu Dovud rivoyat qilgan.

With regards to minerals, they are of two kinds: one is of a limited quantity that is not considered significant. The other is of an uncountable quantity. As for the first type it can be an individual property, owned singularly and treated like the hidden treasure (Rikaz) where a fifth of it is paid to the Bait ul-Mal. Amr ibn Shua’ib narrated from his father, from his grandfather that the Prophet was asked about the Luqatah (article picked from the road) he said: “That which was picked from the publicly used road, or the village, you have to announce it for one year, if anyone demands it, give it to him, and if not, it would be yours; but if it is found in sites of ruin, then a fifth of it and of the hidden treasure (Rikaz) has to be paid to the Bait ulMal”, narrated by Abu Dawud.

As for the uncountable quantity which cannot be normally depleted, it is public property and should not be possessed individually, based on what At-Tirmidhi narrated from Abyadh ibn Hammal, that he came to the Prophet ﷺ and asked him to grant him a salt-laden land, and he granted it to him. And when he left, one person in attendance with the Prophet ﷺ said, "Do you know what you granted him? You granted him the uncountable water (Al-‘Udd)." He then took it away from him." He compared it (in this Hadith) with the uncountable (Al-‘Udd) water because it does not deplete. So this Hadith indicates that the Prophet ﷺ granted the salty mountain to Abyadh ibn Hammal, which means that it is allowed to grant a salt mine. However, when he realised that it was of the permanent or continuous mines which are non-depletable, he reversed his grant and took it back, thereby prohibiting its ownership by individuals as it is public property. What is meant here is not the salt, but rather the salt mine. The evidence for this is that when he knew it was non-depletable, he prohibited its private ownership, despite the fact that he knew it was salt and that he had initially granted it. So its prohibition was due to its being non-depletable. Abu Ubayd said, "With regards to his (i.e. the Prophet ﷺ) granting to Abyadh ibn Hammal of the salt (found) in Ma’reb, then taking it away from him, he did it considering it as a dead (unused) land which Abyadh was going to revive and cultivate."

As for the uncountable quantity which cannot be normally depleted, it is a public property and should not be possessed individually due to what At-Tirmidhi narrated from Abyadh ibn Hammal that he came to the Prophet and asked him to grant him a salt laden land, and he granted it to him. And when he left, one person in attendance with the Prophet said, “Do you know what you granted him? You granted him the uncountable water (Al-‘udd)”. He then took it away from him.” He compared it (in this Hadith) with the uncountable (Al-‘Udd) water because it does not deplete. So this Hadith indicates that the Prophet granted the salty mountain to Abyadh ibn Hammal, which means that it is allowed to grant a salt mine. However, when he realised that it was of the permanent or continuous mines which are nondepletable, he reversed his grant and took it back thereby prohibiting its ownership by individuals as it is a public property. What is meant here is not the salt, but rather the salt mine. The evidence for this is that when he knew it was non-depletable he prohibited its private ownership, despite the fact that he knew it was salt and that he had initially granted it. So its prohibition was due to its being non-depletable. Abu Ubayd said, “With regards to his (i.e. the Prophet) granting to Abyadh ibn Hammal of the salt (found) in Ma’reb, then taking it away from him, he did it considering it as a dead (unused) land which Abyadh was going to revive and cultivate.

Payg'ambar ﷺ suv miqdori hisobsiz (ʿUdd) suvni o'z ichiga olganini, ya'ni buloqlar va quduqlar suvi kabi kamaymaydigan moddalarni o'z ichiga olganini anglagach,

When the Prophet realised it included uncountable (‘Udd) water, which contains non-depletable material like the water of the springs and wells,

U'shbu uni bekor qildi, chunki bu yaylov, olov va suv borasidagi Payg'ambarning ﷺ sunnati bo'lib, ulardan odamlar hammasi mulkda sherik bo'lishadi.

he revoked it, because it is the Sunnah of the Prophet in relation to pasture, fire and water, for which people are all associates in possession.

U'shbu uning bir kishiga boshqalarni chetlatgan holda egalik qilish cheklanishini yoqtirmaganini anglatadi. Tuz ma'dan turlaridan bo'lgani uchun, Payg'ambar ﷺ ning Abyadhga uni berish haqidagi fikr o'zgarishi, uning jismlarga egalik qilinishini taqiqlashning sababi (Illah) hisoblanadi, ya'ni u cheksiz (‘Udd) ma'dan koni bo'lgani uchun, tuz cheksiz (‘udd) bo'lgani uchun emas. Ushbu hadisni tekshirishdan ko'rinadiki, tuz ma'dan konining berilishini oldini olishning sababi (Illah) uning cheksiz (‘Udd), ya'ni...

So he disliked the limiting of possession to one person to the exclusion of others.” Since salt was of the minerals, the Prophet change of mind about its granting to Abyadh is considered a reason (Illah) for the prohibition of its ownership by individuals, i.e. that it is an uncountable (‘Udd) mineral mine, not because it comprised uncountable (‘udd) salt. It appears from examining this Hadith that the reason (Illah) for preventing the grant of the salt mineral mine is because it was uncountable (‘Udd) i.e.

emas. Amr ibn Qais ning rivoyatidan ko'rinadiki, bu voqeadagi tuz — ma'dan (mineral) hisoblanadi, chunki u: "tuz konlari (ma'dani)" dedi. Fuqahoning so'zlaridan ko'rinadiki, ular ma'dan tuzini nazarda tutganlar, shuning uchun hadis tuzga emas, balki ma'danlarga tegishli bo'ladi.

not depleted. It appears from the narration of Amr ibn Qais that the salt in this incident is a mineral (mine) because he said, “the mine (mineral) of salt”. It appears from the words of the jurisprudents, that they considered the salt of the minerals, so the Hadith would be related to minerals and not to salt specifically.

Abu Dovud rivoyatiga ko‘ra, Payg‘ambar ﷺ Bilol ibn al-Horis al-Muzaniyga Qabaliya konlarini (minerallarini) bergan edi. Shuningdek, Abu Ubayd o‘zining “Al-Amvol” kitobida Ikrimadan rivoyat qilgan: “Payg‘ambar ﷺ Bilolga falon joydan falon joygacha bo‘lgan yerni, undagi tog‘lar yoki minerallar bilan birga berdi”. Bu hadis Abyadh hadisiga zid emas. Aksincha, bu hadis Payg‘ambar ﷺ Bilolga bergan minerallarning cheklangan bo‘lganini, shu sababli berishga ruxsat etilganini bildiradi, xuddi Payg‘ambar ﷺ Abyadhga birinchi marta tuz konini bergan paytdagidek. Bu hadisni minerallarni cheksiz miqdorda berishga ruxsat, deb tushunish kerak emas, chunki bunday tushuncha Payg‘ambar ﷺ tuzning tugamas (‘udd) ekanini bilganidan so‘ng, bergan konini qaytarib olgan ishiga zid bo‘lib qoladi. Demak, Payg‘ambar ﷺ bergan minerallar cheklangan va odatda tugab qoladigan minerallar deb tushunilishi kerak.

With regards to Abu Dawud’s narration that the Prophet granted Bilal ibn Al-Harith Al Muzni the minerals (mines) of the Qabaliah; and also what Abu Ubaid’s narrated in his book (Al Amwal) from Ikrimah that he said: “The Prophet granted Bilal such a land from such a place to such a place, and that which existed in it of mountains or minerals”, this Hadith does not contradict the Hadith of Abyadh. This Hadith is rather to interpret that these minerals which the Prophet granted to Bilal were limited, and thus allowed to be granted, as the Prophet did when he first granted the salt mineral to Abaydh. This Hadith should not be interpreted as a permission to grant such minerals in absolute terms, because it would then contradict with what the Prophet did when he took back the minerals which he granted when he realised it was uncountable (‘Udd), and not normally depleted. So the minerals which the Prophet granted are to be interpreted as being limited and they (easily) deplete.

Ushbu qoida bo‘yicha, sanog‘i yo‘q va tugamaydigan ma’danlar jamoat mulki hisoblanadi. Bu qoida barcha ma’danlarga taalluqlidir: yer yuzasida bo‘lib, odamlar katta mashaqqatsiz yetib borib foydalanishi mumkin bo‘lgan ma’danlar, masalan tuz, ko‘mir, safir, yoqut va shunga o‘xshashlar, shuningdek, yer ostida bo‘lib, faqat mehnat bilan olinadigan ma’danlar, masalan oltin, kumush, temir, mis, qo‘rg‘oshin va shunga o‘xshashlar ham shu jumlaga kiradi. Ular qattiq bo‘lsinmi, masalan kristall, yoki suyuq bo‘lsinmi, masalan neft, farqi yo‘q. Ularning hammasi ma’dan bo‘lib, Hadis ma’nosiga kiradi.

This rule, that the uncountable and undepleted minerals are considered a public property, includes all minerals, whether they on the surface of the earth where people may reach and use them without great effort, such as salt, coal, sapphire, ruby, and the like. Or whether they were of the subsurface minerals, which are reachable only with work, like the minerals of gold, silver, iron, copper, lead and the like. And also whether they are solid like crystal, or fluid like oil. All of them are minerals, which are included within the meaning of the Hadith.

Mulkchilik doirasiga kirishi uning tabiati tufayli mumkin bo'lmagan narsalarga kelsak, ular jamoat manfaatlariga xizmat qiluvchi mol-mulklardir. Garchi ular birinchi toifaga kiradi, chunki ular jamoat foydalanadigan narsalardan bo'lsa-da, ular birinchi toifadan tabiatiga ko'ra farq qiladi, chunki ularning tabiati ularni shaxslar tomonidan egallanishiga to'sqinlik qiladi.

As for the things whose nature prevents them from coming under the domain of individual ownership, they are the assets which consist of the public utilities. Although they fall within the first category because they are from the community utilities, they differ however from it in respect of their nature which prevents them from being possessed by individuals.

Masalan, suv shaxslar tomonidan egalik qilinishi mumkin edi, lekin jamoa undan foydalanmasdan yashay olmasa, bu man etilgan. Yo'llar esa, aniq, hech qanday shaxs tomonidan egalik qilinishi mumkin emas.

Water, for example, could be possessed by individuals, but this is prohibited if the community cannot manage to live without it, unlike the case with roads which certainly cannot be owned by any individual.

Shuning uchun, garchi bu toifa uchun dalil shu bo‘lsa-da, ya’ni ilohiy sabab (illat) unga tatbiq etiladi va u jamoat manfaatlaridan bo‘lsa ham,

Therefore, although the evidence for this category is that the divine reason (Illah) is applicable to it and that it is from the community utilities,

ammo uning tabiati uning ommaviy mulkka tegishli ekanligini ko'rsatadi. Bu toifaga yo'llar, daryolar, dengizlar, ko'llar, ommaviy kanallar, qo'ltiqlar, bo'g'ozlar va shunga o'xshash narsalar kiradi. Shuningdek, masjid, davlat maktablari, kasalxonalar, o'yin maydonchalari, boshpanalar va shunga o'xshash narsalar ham kiradi.

however its nature indicates that it belongs to the public property. This category includes roads, rivers, seas, lakes, public canals, gulfs, straits and the like. Also included are things like Masjid, State schools, hospitals, playgrounds, shelters etc.