by judicial ruling. Had he called witnesses when digging it to testify that he was digging it solely for himself, he should not be prevented from selling its water, and he should acquire ownership of it through reclamation, under the rules governing the reclamation of unowned, uncultivated land. In al-Mudawwana, Mālik said, “I disapprove of selling water from a livestock well,” whereas in al-Majmūʿa he said, “That is not permissible.” It has been said that these statements do not differ in meaning. The correct explanation is that the ruling depends on whether he dug it as an act of charity or otherwise. Allah knows best.
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The order of priority in drinking from a livestock well, when those entitled to the well, travellers passing through, and other people gather with their livestock, and there is enough water for them all, is as follows: those entitled to the water first take enough for themselves to quench their thirst; then the passing travellers do likewise. Next, the beasts of burden belonging to those entitled to the water drink their fill, followed by those of the passing travellers. Then the livestock belonging to those entitled to the water drink their fill, and the surplus is available for everyone else’s livestock. Ashhab, however, gave travellers’ beasts of burden priority over those belonging to the people entitled to the water.
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If, however, there is no surplus water, and giving one group priority would cause hardship to the other, priority in drinking and watering their beasts of burden is given to whichever group would suffer greater hardship if the other went first. If the hardship would be equal, they are treated equally. This is Ashhab’s position. According to Ibn Lubāba’s view, however, if the hardship would be equal, those entitled to the water have the stronger claim to priority for themselves and their beasts of burden.
But if the water becomes very scarce, or giving some priority over others would put the latter at risk of death, those entitled to the water go first, taking enough for themselves to avert that danger. If any water remains, the travellers take enough for themselves to avert that danger. If any still remains, those entitled to the water take enough for their beasts of burden to avert that danger. Then, if