If someone digs a well and reaches its water, three situations may arise:
-
The well is completely surrounded by land that belongs to others. In this case it has no protected buffer zone (ḥarīm) and no ancillary easements; each adjoining owner merely benefits from the well in the customary manner.
-
The digger’s purpose is to water livestock and the like. If the well is old and he has simply re-excavated it, its ḥarīm is fifty cubits on every side. If it is a brand-new well, its ḥarīm is twenty-five cubits on every side, measured by the standard cubit of the arm. The wider zone for an old well was prescribed because its water is usually more plentiful and thus it needs more space. Abu ʿUbayd narrates in al-Amwāl, from Saʿīd ibn al-Musayyib: “The sunnah concerning the ḥarīm of an ancient well is fifty cubits.” Some scholars set the distance at forty cubits, as stated in the hadith cited earlier. This area serves as a place for camels to kneel, a channel for drawing off the water, and other necessary utilities of the well.
The Qāḍī and others have said that these figures are not rigid limits; in reality the ḥarīm is whatever space is needed to raise the water from the well—and this is a sound view.
-
If the well is intended for agriculture, Sunan al-Dāraqutnī records from Abu Hurayrah that the Prophet ﷺ said: “A well for irrigation has a ḥarīm of six hundred cubits,” and this is the opinion of most scholars. Others—among them the Qāḍī and al-Muwaffaq—say the measure is simply whatever the need requires.
The Grand Mufti of Saudi Arabia, Shaykh Muḥammad ibn Ibrāhīm Āl al-Shaykh, said: “A person who digs, not for drinking but as one who wants to revive land for cultivation, is entitled to the surrounding area in proportion to what he intends to plant. He came to farm, and whatever land around the well is customarily planted no one may contest, for he preceded them to it. There is a difference between one who drills an artesian well and one who draws water with animals.” End quote.
I say: The Mufti’s words—may Allah the Exalted have mercy on him—are absolutely correct, and Allah knows best.