any water remains, the travellers take enough for their beasts of burden to avert that danger. In my view, there is no disagreement in this case. This is what I understand from the statements of Ashhab and Ibn Lubāba.

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As for water sources not brought forth by digging, such as rivers, springs and pools, these belong to the Muslim community, who share their benefits according to their needs, including fishing and travelling in their boats for their needs and interests. Anyone whose land borders a river on both banks may build a mill there and have the stronger claim to it. If, however, the two banks belong to two different men, neither may build a mill on his side and extend its dam to the other’s land without his permission. If they agree to build a mill, they may own it jointly. Otherwise, they divide the water, each taking half and building a mill using his share, if that is possible.

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The ruling is different with fishing. Those whose land borders a river on either bank may not reserve fishing in the stretch alongside their land exclusively for themselves, to the exclusion of everyone else. If they construct fish traps there from reeds, wood or similar materials familiar to fishermen, they have priority in fishing with them. Once they have met their needs, they must allow others access to the traps to fish with them. This is the position stated by Mutarrif and Ibn al-Mājishūn in al-Wādiha. In my view, this is after their catch has yielded them the equivalent of what they spent on the traps. There is also disagreement concerning fishing in pools situated on a man’s property. Ibn al-Qāsim said, “The landowner may not prevent anyone from fishing in them.”