公共财产（الملك العام）是立法者允许社群共同分享使用某项资产的许可。公共财产是指立法者明确规定属于整个社群的资产，以及立法者禁止个人单独占有其中任何部分的资产。公共财产分为三种类型：

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. 被视为公共利益的事物，即如果缺少它，城镇或社区的人们就会四散去寻找它。

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. 数不尽的矿藏。

2. The uncountable stores of minerals.

3. 本质上会妨碍个人拥有财产的事物。

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

关于公共设施，它们是人们普遍认为属于公用之物的一切事物。先知通过描述而非逐一列举的方式，在圣训中对其作了说明。伊本·阿拔斯传述，先知ﷺ说：“穆斯林在三样东西上是合伙人：水、牧场和火。”此段由艾卜·达伍德记录。阿纳斯从伊本·阿拔斯处传述，并补充道：“其价格是哈拉姆（被禁止的）。”伊本·马哲从艾卜·胡莱赖（愿安拉喜悦他）处传述，先知ﷺ说：“有三样东西不应被阻止供人们使用：水、牧场和火。”这证明人们在水、牧场和火上是合伙人，个人则被禁止独占它们。但需要注意的是，圣训将它们列为三样，而它们都是“加米德”（非派生的实体名词）。

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)

名字，而且圣训中并没有提到伊莱（理由）。这段圣训并未包含伊莱（理由），这可能意味着这三样东西是唯一代表公共财产的事物，而没有考虑到它们对社群需要的描述。

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.

然而，若有人仔细审视此问题，便会发现先知ﷺ允许个人占有塔伊夫和海拜尔的水源。

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

他们确实将其占有，用于灌溉他们的植物和农田。如果水的共享仅仅因为它是水，而不是出于考虑社群对它的需要，那么他就不会允许个人占有它。因此，从先知ﷺ所说的“穆斯林在三样东西上是合伙人：水、牧场和火”，以及他允许个人占有水的做法中，可以推断出其中的伊莱（理由）

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)

在水、牧场和火中的合伙权，其依据在于它们属于对社群不可或缺的公共设施。因此，圣训虽然提到了这三样东西，但其裁定的理由却是它们属于公共设施。所以，这一“伊拉”（理由）与所据裁定同有同无：凡是符合社群公共设施标准的事物，都被视为公共财产，无论它是否就是水、牧场或火，即无论它是否在圣训中被明确提及。如果某物不再属于社群公共设施，即使它像水一样被圣训提及，也不再是公共设施，而是属于可以被个人占有的事物。判定某物是否为公共设施的标准是：如果社群无法获得它，

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,

无论这个社群是一群贝都因人、一个村庄、一座城市，还是一个国家，只要该资源的缺失会迫使人们四散寻找，它就会被视为社群的公共设施，例如水源、柴火林、牲畜牧场之类。

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.

关于矿物，它们分为两类：一类数量有限，不被视为重要；另一类数量不可计数。第一类可以是个人财产，由个人单独拥有，并与埋藏的宝藏（Rikaz）同样对待，即其中五分之一须上缴给公库（Bait ul-Mal）。阿慕尔·本·舒艾卜从其父，再从其祖父传述：有人问先知ﷺ关于拾得物（Luqatah，即路上拾到的物品），他说：“在公共使用的道路或村庄里拾到的，你们须公告一年。如果有人来认领，就把它还给他；如果无人认领，它就归你所有。但如果是在废墟中发现的，则须将其五分之一以及埋藏宝藏（Rikaz）的五分之一上缴给公库（Bait ul-Mal）。”此段由艾布·达乌德传述。

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.

至于那些无法计量、不会通常被耗尽的东西，它属于公共财产，不应被个人占有。依据是：at-Tirmidhi 从 Abyadh ibn Hammal 处传述，他来到先知ﷺ面前，请求先知ﷺ赐予他一块盐地，先知ﷺ便赐予了他。他离开后，一位在先知ﷺ身边的人说：“你知道你赐给他的是什么吗？你赐给他的是取之不尽的水（Al-‘Udd）。”于是先知ﷺ便将其收回。 在这段圣训中，他将其比作取之不尽的水（Al-‘Udd），因为它不会耗尽。因此，这段圣训表明，先知ﷺ曾将那座盐山赐予 Abyadh ibn Hammal，这意味着赐予盐矿是被允许的。然而，当他意识到那是持续不断、不会耗尽的矿藏时，便撤销了赐予，并将其收回，从而禁止个人占有，因为它属于公共财产。 这里所说的不是盐本身，而是盐矿。证据是：当他得知该矿藏不会耗尽时，便禁止其被私人占有，尽管他知道那是盐，并且他最初确实已经赐予了。因此，禁止的原因在于它不会耗尽。 Abu Ubayd 说：“至于先知ﷺ将 Ma’reb 的盐赐予 Abyadh ibn Hammal，后来又将其收回，他是把那块地视为一片死地（未被开发的土地），而 Abyadh 将要使其复苏并加以耕种。”

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.

当先知得知这水包含无法计数的（‘Udd）水，其中含有如泉水和井水那样不会耗尽的成分时，

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

他撤销了它，因为这是先知关于牧场、火和水的圣行，人们在这些事物上都是共同拥有者。ﷺ

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.

所以他不赞成将占有权限定给某一个人而排斥他人。”由于盐属于矿产，先知改变了将其授予阿比兹（Abyadh）的主意，这被视为禁止个人拥有该矿产的理由（Illah），也就是说，它是一座不可计量（‘Udd）的盐矿，而不是因为它包含不可计量（‘Udd）的盐。考察这段圣训可以看出，阻止授予盐矿的理由在于它是不可计量（‘Udd）的，即

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.

未枯竭。从阿姆鲁·本·盖斯的叙述中可以看出，此事件中的盐是一种矿物（矿），因为他说："盐矿（矿物）"。从法学家的言论来看，他们认为矿物中的盐属于此类，因此这段圣训所涉及的是矿物，而不是特指食盐。

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.

关于艾卜·达吾德所载先知ﷺ将卡巴利亚的矿产（矿山）赐予比拉勒·本·哈里斯·穆兹尼的圣训；以及艾卜·欧拜德在其所著《财产》（Al Amwal）中引述伊克里梅的话，他说：“先知ﷺ将某地从某处到某处的土地赐予比拉勒，其中所有的山岭或矿产也一并赐予”，这段圣训并不与阿比亚德的圣训相矛盾。这段圣训的正确理解应当是：先知ﷺ赐予比拉勒的这些矿产是有限的，因此允许赐予，正如先知ﷺ最初将盐矿赐予阿比亚德时的情形一样。不应将这段圣训理解为允许绝对地赐予此类矿产，因为那样就会与先知ﷺ后来收回所赐矿产的做法相矛盾——当他得知那矿藏是取之不尽的（“乌丁”）、而非通常会被采尽的时候，便收回了赐予。因此，先知ﷺ所赐予的矿产应被理解为有限的、容易采尽的矿产。

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.

这条规定认为，数量无法穷尽、不会耗尽的矿藏属于公共财产，其适用范围涵盖所有矿藏：无论是地表上人们不费大力即可接触和利用的矿藏，如食盐、煤、蓝宝石、红宝石及类似之物；还是地下矿藏，需要经过劳作才能获取的，如金、银、铁、铜、铅等矿物。同样，无论是固态的，如水晶，还是流态的，如石油，它们都属于矿藏，都包含在这段圣训的含义之内。

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.

至于那些因其性质而不能纳入个人所有权范围的财产，即属于公共设施的资产。虽然它们属于第一类，因为它们是社会公共设施的一部分，但在其性质上却有所不同，即其性质决定了它们不能被个人占有。

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.

例如，水可以被个人占有，但如果社会离开它便无法生存，则这种占有是被禁止的；这与道路不同，道路当然不能被任何个人所拥有。

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.

因此,尽管这一类别的依据是神圣的 "illah"(效因)适用于它,并且它属于社群的公益范畴,

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,

然而，其性质表明它属于公共财产。此类包括道路、河流、海洋、湖泊、公共运河、海湾、海峡等。同样包括清真寺、公立学校、医院、操场、庇护所等。

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.