The Ruling on Channeling Water Through a Neighbor’s Land When There Is No Path Except Through It

The questioner : Yes. If a person has land with water, and he has no path to it except through his neighbor’s land, and channeling the water would cause harm to his neighbor, it is not permissible without his permission, because he does not have the right to cause harm to him by disposing of his property without his consent. However, if there is no harm, there are two narrations: one is that it is not permissible for the reason mentioned above, and the second is that it is permissible based on the report that al-Dhahak ibn Khalifah channeled a stream from al-‘Arid, and he wanted to pass it through the land of Muhammad ibn Maslamah, but Muhammad prevented him. ‘Umar said to him, “Why do you prevent your neighbor from something that benefits him and does not harm him, which he drinks from first and last?” Muhammad said, “By Allah, I will not.” ‘Umar said, “By Allah, let him pass it through, even if it is over your belly.” So ‘Umar (may Allah be pleased with him) ordered him to let it pass, and he did. Sa‘id narrated it. And because it is a benefit with no harm, it is like taking shelter in the shade of his wall.

The Shaykh : And this is the correct view. The correct view is that if a neighbor needs to channel water through his neighbor’s land to reach another land, he has the right to do so, whether the owner of the land gives permission or not, because this is a benefit without harm. As for if there is harm, and the neighbor says he wants to make his land a house or something similar, there is no harm. But if it is cultivated agricultural land, and the one channeling the water passes through it without any harm, then his refusal is a form of causing harm. This is why ‘Umar said, “By Allah, let him pass it through, even if it is over your belly.” This is like the saying of Abu Hurayrah (may Allah be pleased with him) when he was the governor of Madinah. He narrated from the Prophet (peace and blessings be upon him) “Why do I see you turning away from it?” meaning from this Sunnah. “By Allah, I will throw it between my shoulders,” meaning if you do not implement it on the walls, I will place it on the shoulders.