The ruling on preventing access to the surplus water of a well and disposing of it
Machine translationRead the Arabic original
The questioner:
If someone digs a well and a large amount of water springs from it, does its ruling become the ruling of a flowing river, or does he have the right to prevent people from this water?
The Shaykh:
Like what you returned, he does not sell it. If he has a surplus.
The questioner:
And specifically for this community, may Allah reward him, the prevention, because the story of the community said: you have no share in the prevention.
The Shaykh:
Allah knows best. Yes.
Another questioner:
In the name of Allah, the Most Gracious, the Most Merciful.
The questioner:
The sunnah or the mukatab?
The Shaykh:
Allah knows best. The majority is on the side of the listener, yes.
Another questioner:
Yes, yes.
The Shaykh:
Yes.
Another questioner:
If he wants to draw out a little or a lot, is it prevented? As long as
The Shaykh:
It does not harm, it benefits.
Another questioner:
And if he wanted to draw out, for example, for his farm.
The Shaykh:
If it does not harm, it is not permitted, with the surplus water, yes, with the surplus water, yes.
Another questioner:
As much as possible, he wants to put a machine, for example, in his men, to draw out for his farm,
The Shaykh:
The apparent half, so if the well is strong and that does not harm it, then if you find in it a decrease and harm, say yes.
The questioner:
That he has something that he does not take from it, and others,
The Shaykh:
From the people in water and grass and fire, and it is from the dispensation, so this speech may be. Likewise the speech if it is little, he does not take, but if it is much, praise be to Allah, you take for yourself a great garden and prevent the people.
The questioner:
And he prays in the lane of permissibility, forcibly regarding the prayer.
The Shaykh:
Surplus, so it is not, as long as it does not lead to fitnah, if it is facilitated, you take the strength, without leading to a greater fitnah, then
Another questioner:
Yes, yes.
The Shaykh:
Yes.
Another questioner:
The residents.
The Shaykh:
Not by speech, not by speech. Yes.
If someone digs a well and a large amount of water springs from it, does its ruling become the ruling of a flowing river, or does he have the right to prevent people from this water?
The Shaykh:
Like what you returned, he does not sell it. If he has a surplus.
The questioner:
And specifically for this community, may Allah reward him, the prevention, because the story of the community said: you have no share in the prevention.
The Shaykh:
Allah knows best. Yes.
Another questioner:
In the name of Allah, the Most Gracious, the Most Merciful.
The questioner:
The sunnah or the mukatab?
The Shaykh:
Allah knows best. The majority is on the side of the listener, yes.
Another questioner:
Yes, yes.
The Shaykh:
Yes.
Another questioner:
If he wants to draw out a little or a lot, is it prevented? As long as
The Shaykh:
It does not harm, it benefits.
Another questioner:
And if he wanted to draw out, for example, for his farm.
The Shaykh:
If it does not harm, it is not permitted, with the surplus water, yes, with the surplus water, yes.
Another questioner:
As much as possible, he wants to put a machine, for example, in his men, to draw out for his farm,
The Shaykh:
The apparent half, so if the well is strong and that does not harm it, then if you find in it a decrease and harm, say yes.
The questioner:
That he has something that he does not take from it, and others,
The Shaykh:
From the people in water and grass and fire, and it is from the dispensation, so this speech may be. Likewise the speech if it is little, he does not take, but if it is much, praise be to Allah, you take for yourself a great garden and prevent the people.
The questioner:
And he prays in the lane of permissibility, forcibly regarding the prayer.
The Shaykh:
Surplus, so it is not, as long as it does not lead to fitnah, if it is facilitated, you take the strength, without leading to a greater fitnah, then
Another questioner:
Yes, yes.
The Shaykh:
Yes.
Another questioner:
The residents.
The Shaykh:
Not by speech, not by speech. Yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من كتاب البيوع — islamhouse.com (1:01:04)
The Arabic text is a machine transcription of the audio recording.