公共财产是立法者（Ash-Shari'）赋予所有穆斯林共同拥有所有权的资产。他（SWT）允许个人从中受益，却禁止他们占有这些财产。这些资产主要分为三类： 1. 公共设施，即公众在日常生活中不可或缺的事物。

Public properties are the assets which the Legislator (Ash-Shari’) has given their ownership to all the Muslims in association between them. He (swt) has permitted individuals to benefit from them but prevented them from possessing them. These assets are represented in three main types: - 1. Public utilities which the public cannot do without in their daily life.

2. 其自然形成的、无法将其所有权指定给特定个人的资产。

2. Assets whose natural formation prevents designation to specific individuals from their ownership.

3. 可再生的矿物，不会枯竭。

3. Replenishable minerals which do not deplete.

这三类主要财产，以及由其衍生的财产和所产生的收益，均为全体穆斯林所拥有，并由他们共同享有。它们构成穆斯林公库（Bait ul-Mal）的收入之一，由哈里发依据其自身的伊智提哈德（Ijtihad），在伊斯兰教法的规范之内，并按照伊斯兰和穆斯林的利益，在穆斯林之间进行分配。

These three main types of properties, and those which branch out from them, and revenues they produce, are possessed by all the Muslims and jointly owned between them. They represent one of the revenues of Bait ul- Mal of the Muslims, distributed by the Khalifah among them according to his own Ijtihad, within the rules of the Shari’ah and according to the interest of Islam and Muslims.

这是所有人在日常生活中都不可或缺、一旦缺失便会引发纷争的公共资源,例如水。使者(愿主赐福他并使他平安)已经阐明了这些资源的性质,并借由他所传述的相关圣训,以最为完善的方式将其加以厘清。据阿布·胡拉什传述,他从先知(愿主赐福他并使他平安)的一些同伴那里听闻:“主的使者(愿主赐福他并使他平安)说:‘穆斯林在三样东西上是合伙人:水、牧草和火。’”另一版本则为:“人们在三样东西上是合伙人:水、牧草和火。”据艾布·胡莱赖传述,先知(愿主赐福他并使他平安)说:“三样东西不可被阻止:水、火和牧草。”也有传述称他说过:“穆斯林是穆斯林的兄弟,他们在水和树木上彼此相容。”水、火和牧草,是使者(愿主赐福他并使他平安)最早允许所有人共同享用的事物之一,他使人们在这些事物上成为合伙人,并禁止任何人将其中的任何部分据为己有,以阻止其他穆斯林使用,因为这是所有穆斯林的权利。因此,旅途中的人可以在此扎营,游牧的贝都因人可以在长满植被的土地上放牧,这些植被是主(愿主赞美至高)使其生长的,供牲畜食用,无需任何人耕作、播种或灌溉;这样的土地属于先到达者所有。任何人都不能独占使用,排斥他人。相反,人们可以共同放牧自己的牛羊和牲畜,并以同样的方式使用那里的水源。人们在这类财产上是合伙人。

This is the public utilities of all people that they cannot do without in their daily life and they disperse in case of their absence, such as water. The Messenger of Allah (saw) has explained the description of these utilities and clarified them in the most perfect manner by the relevant Ahadith reported from him. From Abi Khurash from some of the companions of the Prophet (saw) , he said: “The Messenger of Allah (saw) said: ‘Muslims are partners in three (things): Water, pasture and fire.’” And in another transmission: “People are partners in three: water, pasture and fire.” From Abu Hurayra that the Prophet (saw) said: “Three should not be withheld: Water, fire and pasture.” It was also reported from him his saying: “The Muslim is a brother to the Muslim, they accommodate each other over water and trees.” Water, fire and pasture were among the first things that the Messenger (saw) permitted to all the people, and he made them partners in them and forbade them from protecting any part of them against the use by all Muslims as it is a right for all Muslims. Thus people can camp in their travels and bedouins live in a land which has vegetation (plants) that Allah (swt) has brought forth for grazing livestock without the effort of anybody in ploughing, planting or irrigation; such land is for the one who reaches it first. No one can be singled out in using it to the exclusion of other people. Rather, they can graze their cattle and livestock and beasts jointly, and they use the water which is there in the same way as well. People are partners in such properties.

这个问题并不限于前面圣训中提到的三种财产，而是包括一切可被视为公共设施的事物。其证据是：先知穆罕默德ﷺ曾说：“人们在三样东西上是合伙人：水、草场和火。”然而，他也允许赫contained在海拜尔和塔伊夫的人们将自己的水井视为私有财产，用以饮水、灌溉牲畜、牲口和园圃，他并未阻止他们拥有这些水井。这些水井很小，公众的需要与其无关。综合这两段圣训可以看出：当水与社群的需要相关时，它便属于公共财产，不得成为私有财产；而当公众的需要与其无关时，它可以成为私有财产，个人可以拥有它。 关于判断某物是否与公众需要相关，一般原则是：公众在日常生活中离不开它，如果找不到它，社群就会四散去寻找。这如同部落在找不到水源或牲畜的草场时便会迁散的情形。因此，凡是公众在日常生活中离不开、一旦找不到便会四散寻求的事物，都属于公共财产。

This matter is not restricted to these three assets mentioned in the previous Ahadith. It rather includes everything that can be described as being from the public utilities. The evidence to this is, that at the time the Messenger of Allah (saw) said: “People are partners in three: water, pasture and fire”, he consented that individuals in Khayber and Taif own their wells as individual property such that they drink from them, water their cattle, livestock and gardens and he did not prevent them from owning them. These wells were small such that the need of the public did not relate to them. To reconcile these two Hadith, it becomes clear that when water is related to the need of the community it would be a public property and is prevented from being a private property.Whereas, when the need of the public is not related to it, it can be a private property and thus individuals are allowed to own it. The general rule regarding whether there is a need for the public in it is that the public cannot do without it in their daily life such that, if it were not found, the community would disperse in search for it. This is like the tribes who used to disperse when water was not found or when pasture for their cattle and grazing livestock was lost. Therefore, everything to which there is a need of the public, (such that) they cannot do without it in their daily life and they scatter once they did not find it, is of the public properties.

这些财产，其天然形成的性质使个人无法专属拥有。这类公共财产属于公共设施，与第一类相同，并且依据公共设施的证据而被纳入其中；然而，其形成的性质同样使其不能被指定给个人。这与第一类不同，因为第一类的形成性质并不阻止将其指定给个人。因此，那些并无社群确定需要的小水井，则属于个人所有。

These are the assets whose natural formation prevents individuals specifically from their possession. This type of public property, being of the public utilities like the first type and it is included by the evidence of the public utilities, yet the nature of its formation also prevents designating it to individuals. This is contrary to the first type as the nature of its formation does not prevent designating individuals with it. Thus, small wells in which there is no established need for the community, are owned individually.

有关这一类属于公共财产的证据，除了前一类的证据之外，还有先知（ﷺ）所说的："米纳是先到者的歇息之地。"此外，先知（ﷺ）还同意人们共同拥有公共道路，不允许个人独占。米纳是麦加穆克尔拉麦城外的一个著名地点，朝觐者在阿拉法特完成wuquf之后，便在此扎营，以履行朝觐的特定功课，如投掷吉姆拉、宰杀牺牲、古尔邦节献牲以及在此过夜。"先到者的歇息之地"的含义是：它为所有穆斯林共同拥有，谁先到达其中任何一处并在那里停留，那一处便归他使用；这是他们之间的共有，不属于任何人，以致某人能够阻止他人使用。公共道路与此相类：先知（ﷺ）同意人们共同享有它，每个人都有通行的权利，并且他把清除道路上的障碍视为一种施舍，正如圣训所载："清除道路上的伤害是一种施舍。"先知（ﷺ）还禁止在道路上坐下，并说："当心坐在路上。"因为坐在路上可能会阻碍人们通行，或使他们的通行受到限制。

The evidence that this type is of the public properties besides the evidences for the first type, is the saying of the Messenger (saw) : “Mina is the resting place of the one who reaches first.” This is in addition to what came from the Messenger (saw) that he consented to people being partners in owning the public road and not allowing an individual specifically owning it. Mina is a famous place outside of Makka Al-Mukarramah, and it is a place in which the pilgrims camp after completing the standing at ‘Arafat, so as to carry out specific rites of the Hajj, like the stoning of the Jimar, slaughtering the sacrificial animal, Eid sacrifice and staying overnight. The meaning of its being a resting place for the one who reaches first is that it is owned by all the Muslims so that the one who reaches first to any part of it and stops by in it then it is for him, as it is a partnership between them and is not owned by anyone such that he prevents others from it. Similar to that is the public road as the Messenger (saw) had consented to joint partnership of the people in it, and the right of everyone to passage, and he made the removal of harm from it a form of charity, as came in the Hadith: “The removal of harm from the road is charity.” He (saw) prohibited the sitting down on the roads and said: “Beware of sitting on the road” as sitting might prevent the passage of people or restrict it for them.

通过考察米纳的实际情况和公共道路的实际情况可知，它们的形成性质决定了不能将其归属于某个特定个人。米纳是朝觐者停留、进行部分朝觐仪式的地方，它作为全体穆斯林进行朝觐仪式之所的性质，使其与阿拉法特和穆兹达里法一样，不能专属于某个特定个人或某些特定个人。公共道路同样是为所有人通行而设，也不宜专属于某个特定个人或某些特定个人。因此，凡是其形成性质不允许专属于某个个人或某些个人的事物，适用于这些情况的证据同样适用，它便属于公共财产。由此可见，海洋、河流、湖泊、大洋、海湾、海峡，以及苏伊士运河之类的一般运河，还有公共公园和清真寺，都是全体公民共有的公共财产。

Examining the reality of Mina and the reality of public roads shows that the nature of their formation prevents designating an individual for their possession. In Mina pilgrims halt to carry out some of the rites of Hajj and the nature of its formation as being a place to carry out the rites of Hajj for all Muslims prevents specifying a particular individual or individuals with it the same way as ‘Arafat and Muzdalifa. The public road is similarly for all the people intended for the passage of everyone, and it is not befitting to specify a particular individual or individuals with it. Thus, the evidence which came in their regard applies to everything whose nature of formation prevents specifying an individual or individuals with it, and it is thus a public property. Therefore seas, rivers, lakes, oceans, gulfs, straits, general canals like the Suez Canal, the public parks and mosques are all public property for all the citizens.

这些是可以再生的矿产，不会被完全耗尽，也是数量极其庞大、不受限量的矿藏。至于数量有限、储量微小的矿产，则属于私有财产，个人可以拥有。正如使者ﷺ将Qabaliya的矿产赐给Bilal ibn Al-Harith al-Muzni，该矿位于希贾兹的Al-Far’a地区。Bilal曾请求使者ﷺ把这些矿产划归他，于是使者ﷺ准许了他的请求，并使他成为其所有者。因此，金、银及其他种类的矿藏，若以少量、非商业规模存在，则属于私有财产。个人可以拥有它们，正如国家可以将其分配给民众一样是被允许的。在这种情况下，无论开采量多少，人们都必须将所采出的部分的五分之一上缴国库（Bait ul-Mal）。

This is the replenishable minerals which do not deplete completely, and are the vast amount of minerals which are not limited in measure. As for insignificant amounts of minerals which are limited in measure, these are private property that individuals are permitted to own as the Messenger of Allah (saw) gave Bilal ibn Al-Harith al-Muzni the minerals of the Qabaliya in the area of Al-Far’a in Hijaz. Bilal had asked the Messenger of Allah (saw) to allocate them to him, so he granted them to him and made him the owner. Therefore the deposits of gold and silver, and other types of minerals, present in small non-commercial amounts are private property. Individuals are permitted to own them as is permitted for the State to allot them to the people. In this case people have to pay one-fifth of what they extract of them to the Bait ul-Mal, whether they extract a little or a lot.

至于那些储量巨大、没有限量的矿藏，它们是全体穆斯林共有的公共财产，不允许分配给任何人或任何群体，也不允许将其所有权赠予任何个人或团体。同样，也不允许将开采这些矿藏的特许权授予个人或公司。相反，它们必须始终作为全体穆斯林共同拥有的财产，由国家代表全体穆斯林进行开采、提炼、冶炼和销售，并将所得价款存入穆斯林的公库（Bait ul-Mal）。无论这些矿藏是露在地表、不费力即可获取的，如食盐和锑（Kohl，即眼影粉原料），还是埋藏在地下深处、只能通过艰辛、劳力和巨大努力才能开采的，如黄金、白银、铁、铜、铅、锡、铀、磷酸盐及其他矿物，其规定都没有区别；无论它们是固态的，如黄金和铁，还是液态的，如石油，或是气态的，如天然气，也都没有区别。

As for the vast minerals, not limited in measure, these are public property owned by all Muslims and are not allowed to be assigned, given in ownership or allotted to any person or persons. Similarly, it is not allowed to give concession for their mining to individuals or companies. Rather they must remain a property jointly owned by all Muslims and the State should carry out their extraction, purification, smelting and selling on their behalf and place their price in the Bait ul-Mal of the Muslims. There is no difference in the rules of these minerals whether they are apparent on surface and are reached to without trouble like salt and antimony (Kohl), or are underground and deep in earth and cannot be extracted except by hardship, labour and great trouble like gold, silver, iron, copper, lead, tin, uranium, phosphate and other minerals; nor whether they are solid, like gold and iron, or liquid, like petroleum, or gaseous like natural gas.

有证据表明，这些储量巨大、取之不尽的矿产属于公共财产，即阿比德·本·哈马勒·马兹尼所传述的那段圣训：他曾前往拜见安拉的使者ﷺ，请求让他获得盐矿，先知ﷺ便将其划拨给他。他转身离开后，聚会中有一人说：“你知道你给他的是什么吗？你给他的其实是取之不竭的水。”于是先知ﷺ将其收回。 先知ﷺ在得知盐矿储量丰富之后，收回了之前划拨给阿比德·本·哈马勒的盐矿，这说明任何储量巨大、不会耗竭的矿产，都不允许个人据为私有，因为它属于全体穆斯林所共有。这一规定并不限于盐，而是适用于所有矿产，无论其种类如何，前提是它们的性质与大量的水（盐矿）相同，即可以不断再生。

The evidence that these vast minerals of unlimited measure are public property, is what is narrated from Abyadh b. Hammal al-Mazini “that he called on the Messenger of Allah (saw) and asked him to allocate to him the salt and he allocated it to him. When he turned away a man in the gathering said: ‘Do you know what you have allotted to him? Verily you have allotted to him replenishable water’, so the Prophet (saw) withdrew it from him.” The fact that the Messenger of Allah (saw) took back from Abyadh b. Hammal the salt he had allotted to him, after he knew that it was abundant, is an evidence that any vast quantity mineral, which does not deplete, is not allowed to be owned by individuals as it is an ownership of all the Muslims. This matter is not specific to salt, rather it is general for all minerals whatever their type, on condition that they are of the same status as the vast quantity of water (salt mineral) i.e. which is replenishable.

允许哈里发对石油、天然气和矿产等公共财产资产进行保护，这在伊斯兰律法（沙里亚）中是被允许的。例如，哈里发指定某些石油和天然气井，或某些矿山，如磷矿、金矿和铜矿，对其加以保护，并将其收入指定用于上述领域的支出。这是筹集相关领域所需收入的一种有效方法。哈里发可以这样做，其依据如下：

Protecting some of the public property assets of petroleum, gas and minerals, such as when the Khalifah designates specific petroleum and gas wells or specific mineral mines like, for example, phosphate, gold and copper mines, where he protects them and designates their revenues for the expenditure on the mentioned areas, is allowed by Shar’a. It is a useful method to raise the necessary revenues to spend in these areas. It is permitted for the Khalifah to do this based on the following:

1. 先知穆罕默德ﷺ与其后的哈里发们曾划出特定的地方作为“禁牧地”（Hima），这些地方属于公共财产。据伊本·阿拔斯传述，撒阿卜·本·朱save… 更正为准确译文如下： 1. 先知穆罕默德ﷺ与其后的哈里发们曾划出特定的地方作为“禁牧地”（Hima），这些地方属于公共财产。据伊本·阿拔斯传自萨阿卜·本·朱savy…… （更正：）据伊本·阿拔斯传自萨阿卜·本·朱塔马（Sa'ab b. Juthama），他说：“安拉的使者ﷺ说：‘禁牧地只归安拉和祂的使者ﷺ所有。’”也就是说，禁牧只能由国家来进行，类似于安拉和祂的使者ﷺ为圣战、贫困者、需要帮助者以及穆斯林整体利益所划定的禁牧地。这与蒙昧时代的做法不同，那时只有显贵之人为自己划定禁牧地。据纳菲尔传自伊本·欧麦尔：“先知ﷺ划定了奈基’（Al-Naqi'i，麦地那一处著名的地方）供穆斯林的马匹使用。”同样，艾布·伯克尔划定了拉巴撒（Al-Rabatha）供天课骆驼使用，并任命他的仆人艾布·萨拉马管理此地。欧麦尔也划定了拉巴撒中的沙拉夫（Al-Sharaf），并任命他的仆人管理，此人名叫哈尼（Hani）。

1. The Messenger of Allah (saw) and the Khulafa’a after him shielded specific places which were part of the public property. From Ibn ‘Abbas from Sa’ab b. Juthama, he said: “The Messenger of Allah (saw) said: ‘No protection (Hima) except for Allah (swt) and His Messenger (saw)’”. That is, no protecting except for the State similar to what Allah (swt) and His Messenger (saw) shielded for Jihad, the poor, the needy and the interests of Muslims generally. This is not similar to what they protected in the days of Ignorance (Jahiliyyah) where the noble alone among them protected for himself. From Nafi’ from Ibn ‘Umar: “The Prophet (saw) protected An-Naqi’i (this was a famous place in Madinah) for the horses of the Muslims.” Similarly Abu Bakr protected Al-Rabatha for the camels of Sadaqat and appointed his servant Abu Salama, over it. ‘Umar also protected Al-Sharaf in Al-Rabatha and appointed his servant, who was called Hani.

这种保护针对的是牧场与放牧地，它们属于公共财产。被真主的使者ﷺ保护的 Al-Naqi'i 位于麦地那城外，那里会积存雨水，干涸后便长出牧草，因此它作为公共财产归所有穆斯林共有。Abu 'Ubaid 在解释这一点时，在引用圣训“除了真主（SWT）和祂的使者ﷺ，不得有保护地”之后说：“依我们的理解（真主最知晓），被禁止的保护是指：你所保护的，是真主的使者ﷺ使所有人共同享有的东西，即水、牧草和火。”

This protection was of places of pasture and grazing and they were of the public properties. Al-Naqi’i which was protected by the Messenger of Allah (saw) was outside Madinah, and water used to stagnate in it and pasture would grow when it dried up i.e. it was owned as public property by all Muslims. Abu ‘Ubaid, in explaining this, after mentioning the Hadith “No protecting except for Allah (swt) and His Messenger (saw)” said: “The interpretation of the protection which is prohibited in our view (and Allah (swt) knows best) is that you shield the things which the Messenger of Allah (saw) made all the people partners in, which is water, pasture and fire.”.