LEASE SECTION · 62 – NOT ALLOWING WATER TO BE TRANSFERRED TO OTHERS
Abū Hurayrah, may Allah be pleased with him, narrated: The Messenger of Allah, sallallahu aleyhi wa salam, said: “Excess water (from a well) is withheld from those in need.”
EXPLANATION: If there are pastures around or near a well, it is only possible for people to graze their animals there if the owner of the well provides water. The Messenger of Allah, sallallahu aleyhi wa salam, commanded the owners of wells not to withhold excess water from animal owners. For withholding water is considered withholding pasture. Because without water, it is impossible for animals to reside and graze there.
Abū Hurayrah (may Allah be pleased with him) narrated: The Messenger of Allah (peace and blessings upon him) said: “There are three categories of people whom Allah will not speak to on the Day of Resurrection, nor will He purify them. Among them is he who withholds a traveler from water that he has in abundance. Another is he who swears falsely about his goods to make them appear beautiful (to deceive). And another is he who pledges allegiance to an imam, and if the imam gives [permission or authority], he fulfills the obligations of that pledge; but if he does not give [permission or authority], he fulfills the obligations of that pledge.”
A'mesh (may Allah be pleased with him) narrated a report with the same meaning and chain of narration as the preceding one, saying: “Allah does not purify them. And they will have a painful punishment.” The seller said regarding his merchandise: "I swear to Allah that so much and so much was paid for this commodity." The buyer confirmed it. And he purchased the commodity (at an exorbitant price).
It is narrated from the father of a woman called Buhaysah that he said:
My father asked permission from the Messenger of Allah, ﷺ. He entered the garment of the Messenger of Allah, ﷺ, kissing him and embracing him while saying: “O Messenger of Allah (peace and blessings be upon him), what is that which is forbidden to be prohibited?”
The Messenger of Allah, ﷺ, replied: "Water."
(He asked again) O Messenger of Allah, what is that which is forbidden to be prohibited?
The Messenger of Allah, ﷺ, said: “Salt.”
(For a third time) he said: What is that which is forbidden to be prohibited? The Messenger of Allah, ﷺ, said: "That you do good."
COMMENTARY
Water, salt, and if [they are found] on public land, everyone benefits from them equally. No one can prevent anyone [from using them]. However, if a rock salt mine emerges from the private land of an individual, he may sell it and take payment for it. If water is on someone’s private land, he may also sell it and utilize it. He does not waste anything beyond his need. He gives to those in need without charge or in return for its value. But he cannot prohibit [others from using it].
From a man among the Muhajirun, relating from the companions of the Messenger of Allah, peace and blessings be upon him: I accompanied the Messenger of Allah, peace and blessings be upon him, in three battles. I heard him say: “Muslims share equally in three things: grass, water, and fire.”
EXPLANATION
Regarding grass, if it is found in a common pasture or treasury land, everyone has an equal right to graze upon it. If the grass is on someone’s owned land, they may not allow others to spread their animals upon it, nor sell it. Water is likewise the same. If it is on owned land, the landowner can dispose of it as he wishes.
As for fire, a person cannot claim ownership over the rocky outcrop where flint stones used for making fire are found and prevent others from taking them. However, they may not warm another with the fire burning in their hearth. Nor may one be prevented from saying, “Let me light my lamp from this fire.”