The ruling on preventing people and their livestock from water that has sprung up in owned land
Machine translationRead the Arabic original
The Shaykh : Meaning,
The questioner : A person digs in a place, and perhaps he spends money digging. Yes, he must dig, and he has the right to take possession of this money that he digs for.
The Shaykh : No, because it is his property, because it is his land, and he is a stranger to its ownership. But if he is harmed by people bringing their livestock, he has the right to prevent them. However, if he is not harmed, the water is the water of Allah the Exalted, not something you have channeled in the ground. Likewise, if he brings out the water and pours it into a pond, he has the right to sell it, because it is owned by possession. Just as he does not prevent the grass in his land, but if he cuts it and then sells it, there is no harm.
The questioner : A person digs in a place, and perhaps he spends money digging. Yes, he must dig, and he has the right to take possession of this money that he digs for.
The Shaykh : No, because it is his property, because it is his land, and he is a stranger to its ownership. But if he is harmed by people bringing their livestock, he has the right to prevent them. However, if he is not harmed, the water is the water of Allah the Exalted, not something you have channeled in the ground. Likewise, if he brings out the water and pours it into a pond, he has the right to sell it, because it is owned by possession. Just as he does not prevent the grass in his land, but if he cuts it and then sells it, there is no harm.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5597] حكم منع الناس ومواشيهم من الماء الذي نبع في الأرض المملوكة - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.