The Ruling on Selling Water from an Endowed Well

Question:
There is a man who has a well that he endowed for Allah, but some people come and drink from it, while others come and take water from it and then sell it. What is the ruling on that? He says: Your Eminence, may Allah preserve you, there is a man who has a well that he endowed for Allah the Exalted and Sublime for those in need. Some people come and drink from it, while others take water from it to sell. What is the ruling on that?

Answer:
This varies according to the conditions of the endowment. If the endower endowed it for drinking from it without carrying it away, because he said, “Nothing is to be carried from it,” then no one is allowed to carry anything from it; they only drink from it. No one is permitted to take anything from it, but rather they drink as the endower specified. However, if the endower endowed it for use in drinking, carrying, and ablution, then there is no harm in taking from it and carrying it to his home; there is nothing wrong with that. But if the endower made it clear to the people that this well is only for drinking, and he does not allow anyone to take anything from it or transport anything from it, then it is as the endower specified.
As for selling it, if he allowed people to take from it, there is no harm. If he allowed people to take whatever they wish from it, there is no harm. And if he has passed away, may Allah have mercy on him, then it is according to his will, the endowment document. Otherwise, the default is permissibility; the default is that one may drink from it or carry from it. This is the default, unless there is a will or document that prohibits carrying from it.