no particular person has an exclusive right is that the first person has priority, followed by the next, and so on to the very last person.” Ziyād’s report from Mālik may refer to a situation in which the valley’s water is abundant, exceeding the amount one person can use for irrigation. On this interpretation, Ziyād’s report would not contradict what preceded. More evidently, however, these are differing opinions. We have explained this point further in Kitāb al-Bayān, under the section “Division” in the reports transmitted by ‘Īsā, in the Book of Dams and Watercourses.

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As for the “collected water of a well,” this means the water gathered in it before irrigation. It has also been understood to mean its surplus water, the place where material swept out of it is deposited, or the outlet through which its water flows. This, too, is water collected together. Allah, Mighty and Majestic, says:

“And leave the sea in stillness.” [Al-Dukhān: 24]

The scholars differed over the interpretation of the Prophet’s ﷺ statement: “Neither the water collected in a well nor pooled water may be withheld.” A group of scholars understood it in its general sense, saying that water may neither be sold nor withheld under any circumstances, whether it comes from a well, a pool, or a spring, on privately owned land or otherwise. If it is privately owned, however, its owner has priority to the amount he needs. This is the view of Yahyā ibn Yahyā in al-‘Utbiyya: “There are four things which I do not consider permissible to withhold: water, fire, firewood, and pasture.”

Others said that this refers to a case such as a well shared by two partners, each irrigating on alternate days, or for shorter or longer periods. One partner irrigates on his allotted day, and his crops or date palms receive enough water during part of that day, leaving him with no need for water during the remainder. He may not prevent his partner from irrigating during the rest of that day, since there is no