If a man digs a new well and, because of it, the water of his neighbour’s well either dries up altogether or declines to a degree plainly traceable to the work his neighbour has done, the one who introduced the new well is ordered to fill it in.
Likewise, if he builds a latrine close to a well he is not prevented so long as it does not harm his neighbour’s well; but if it alters the well in any way he is stopped and the pit must be closed.
When terror at sea intensifies and the cargo, provisions, or other goods on board are thrown overboard in the hope of rescue, the loss is borne jointly by everyone who has property on the vessel, each in proportion to his share, whether the jettison took place with the owner’s permission or without it. The value of what has been cast away is added to what remains, so that the owner of the discarded goods becomes a partner in the salvaged goods according to the value of his merchandise on the day he bought it.
Mālik’s opinion on this point has been reported in three ways. One report says that they share in all the goods according to their value at the moment of the disaster. The second values the goods as of the time they were loaded onto the ship. The third assigns the contribution on the basis of each owner’s purchase price, provided the purchases were made in the same place.
Anyone who advances a claim that lacks credibility is not to be believed.
No contribution is due in respect of free persons, nor in respect of items as trifling as palm-kernels; the same applies to slaves kept for personal service (quniyyah).
There is a difference of opinion about slaves held for trade: one view—regarded as the sound position of the school—treats them like other merchandise, while another view, attributed to Ashhab, exempts them from any share.
There is also disagreement regarding cash (ʿayn). One opinion holds that no contribution is due on cash, whether the amount be small or large; another says that if the sum is small it is disregarded, for it is treated like travel provisions and the like. The same ruling applies to anything set aside for personal expenses during Hajj. If, however, the amount is substantial or constitutes trading capital, whatever portion of it is jettisoned is assessed like any other surviving merchandise.
The jurists have likewise differed about the hull of the ship itself. The view most commonly reported from Mālik, and adopted by the majority of his companions, is that no contribution is due on the hull.