to sell it. However, if he takes possession of it, draws it out, and places it in a reservoir, then he may sell it, because he has acquired ownership of it by taking possession.

If we say that the sale of well water is invalid, and someone comes and installs on my well equipment by which he can draw water, may I prevent him?

The answer is: if this causes me no harm, then I may not prevent him. But if it harms me, then I may prevent him.

Such harm would be, for example, if he must cross my property to reach the well, if he can look into the women’s private quarters, or if he reduces the water available to me.

In short, if it causes me no harm, then I am obliged to allow him to place on my well whatever he may use to draw water.

His statement, “Nor that which grows on his land of pasture or thorns”: pasture refers to grass, and thorns to thorny trees. Whatever grows from the land by the act of Allah, Exalted is He, may not be sold, due to the Prophet’s statement, peace and blessings be upon him: “People share in three things: water, pasture, and fire.” (1) Thus, it is not valid for me to sell the pasture or thorny trees that Allah, Most High, causes to grow on my property.

If I need it for grazing my camels, cattle, or sheep, then I have the greater right to it and may prevent others from taking it, because I have the greater right to it. But if I do not need it, then I may not prevent someone who wishes to take it, unless that would cause me harm. In that case, I may prevent him, because harm cannot be imposed upon the landowner for the benefit of someone else, and the landowner has the greater right to it.