People are partners in three things, and the secured water
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Question:
Perhaps you gather it in value, so the date palm gives us from its store, or a greeting of water to the extreme, arguing by the saying of the people, by the saying of the people: People are partners in three things: water, fire, and grass.
Answer:
No, this is not permissible. Secured water and secured firewood are the property of their owner. People are partners in the firewood that is in the ground; you take from it, and so does the person whose land it is on, at its place of growth. The water in the pond or in the well, you take from it, and so do so-and-so and so-and-so; this is permissible. But if a person has gathered it in his container or in his cistern, you may not take it, because it has become his property. Or if he has gathered firewood, it has become his property; he has secured it. He must give you his permission,Sunan ad-Daraqutni 13:78 willingly. If you have nothing with you to perform tayammum, my brother, praise be to Allah [An-Nisa 4:43], you take from the people to perform wudu. This is usurped, and it does not purify you. The usurped does not purify you.
Perhaps you gather it in value, so the date palm gives us from its store, or a greeting of water to the extreme, arguing by the saying of the people, by the saying of the people: People are partners in three things: water, fire, and grass.
Answer:
No, this is not permissible. Secured water and secured firewood are the property of their owner. People are partners in the firewood that is in the ground; you take from it, and so does the person whose land it is on, at its place of growth. The water in the pond or in the well, you take from it, and so do so-and-so and so-and-so; this is permissible. But if a person has gathered it in his container or in his cistern, you may not take it, because it has become his property. Or if he has gathered firewood, it has become his property; he has secured it. He must give you his permission,
The wealth of a Muslim man is not lawful except
لا يحل مال امرئ مسلم إلاand find no water, then seek clean earth
فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا
Source
قناة «العلامة الدكتور صالح الفوزان»، 84 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب حد المسكر|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:11:39)
The Arabic text is a machine transcription of the audio recording.
