benefit to him in withholding it, nor any harm to him in allowing it. Some said that this refers to someone who grows crops using his own water supply, but whose well collapses while his neighbour has surplus water: his neighbour may not withhold that surplus from him until he repairs his well. These two interpretations are close in meaning. Allah knows best.

As for his ﷺ prohibition against withholding surplus water in order to deny access to pasture, this concerns wells dug for livestock in open country and desert wilderness, for livestock graze only where they can find water. Denying them water therefore denies them access to pasture.

Section

Water falls into two categories:

First: water on privately owned land.

Second: water on land that is not privately owned.

As for water on privately owned land, it makes no difference whether it has been obtained through human effort—such as a well a person digs, a spring he brings forth, or cisterns he constructs—or without such effort, such as a spring on his land which he did not bring forth, a pool, or the like. He has the prior right to it and may lawfully sell it and deny people access to it unless they pay. However, if people come to him with no means to pay, and it is feared that they will perish if he refuses them, he is obliged not to withhold it. If he does withhold it, they are entitled to fight him for it. This is Ibn al-Qāsim’s position in al-Mudawwana, because he did not understand the Prophet’s ﷺ prohibition against withholding the water collected in a well in its general sense, but interpreted it as explained above.

Nevertheless, it is recommended that he not prevent anyone from drinking from a spring or pool on his land, though no judicial ruling compels him to allow this. As a matter of enforceable law, he may withhold his water if he wishes or make it available if he wishes. There was disagreement concerning a man who has planted crops relying on his well