What is meant by the Prophet's prohibition of selling surplus water
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The questioner : Peace be upon you.
The Shaykh : And upon you be peace.
The questioner : How are you, Shaykh?
The Shaykh : I am well, praise be to Allah.
The questioner : May Allah reward you. It was reported from the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2477Sahih (Darussalam) So what is the criterion for surplus water? Is it what exceeds the need of the day and night?
The Shaykh : It refers to what is in the well's water source, or in the pool gathered by the flood. As for what a person extracts by means of electricity or otherwise, it is his property, and he may dispose of it as he wishes. The first type: he does not sell the surplus; it is what remains after his need. It is permissible for him to know that this water, or that some of it was taken, has decreased for his crops. He has the right to withhold the surplus of his wealth because he needs it. But if the water is more than his need, it is not permissible for him to withhold the surplus water.
The questioner : Okay, Shaykh, may Allah reward you. A person has a well on his owned land, and he needs to water from it every day. The well is on his owned land, and he waters his land and his livestock from it every day, may Allah prolong your life. He fears that if he allows people to take from it, the water will decrease and harm him, but he is not certain of that.
The Shaykh : Okay, if he is not certain, let him allow them to take. If he sees a decrease, he prevents it. Prevents it. Yes.
The questioner : And he takes the water by means of pumps. Do they have the right to also place pumps to take it?
The Shaykh : No, no, they do not have that right, because the land is his property, and they cannot place anything on his property.
The questioner : Yes, so how do they take it, Shaykh?
The Shaykh : He takes it with two buckets.
The questioner : It does not reach with buckets; pumps are necessary.
The Shaykh : Yes, it is not permissible, it is not permissible for them to place equipment on his property without his permission.
The questioner : Yes, and if it means, if it is with his permission, it is allowed.
The Shaykh : If it is with his permission, it is allowed.
The questioner : And if it is not with his permission, it is not allowed.
The Shaykh : This is if it is necessary to place the pumps. Yes, yes.
The Shaykh : And upon you be peace.
The questioner : How are you, Shaykh?
The Shaykh : I am well, praise be to Allah.
The questioner : May Allah reward you. It was reported from the Prophet (peace and blessings be upon him)
forbade selling surplus water
النهي عن بيع فضل الماء،The Shaykh : It refers to what is in the well's water source, or in the pool gathered by the flood. As for what a person extracts by means of electricity or otherwise, it is his property, and he may dispose of it as he wishes. The first type: he does not sell the surplus; it is what remains after his need. It is permissible for him to know that this water, or that some of it was taken, has decreased for his crops. He has the right to withhold the surplus of his wealth because he needs it. But if the water is more than his need, it is not permissible for him to withhold the surplus water.
The questioner : Okay, Shaykh, may Allah reward you. A person has a well on his owned land, and he needs to water from it every day. The well is on his owned land, and he waters his land and his livestock from it every day, may Allah prolong your life. He fears that if he allows people to take from it, the water will decrease and harm him, but he is not certain of that.
The Shaykh : Okay, if he is not certain, let him allow them to take. If he sees a decrease, he prevents it. Prevents it. Yes.
The questioner : And he takes the water by means of pumps. Do they have the right to also place pumps to take it?
The Shaykh : No, no, they do not have that right, because the land is his property, and they cannot place anything on his property.
The questioner : Yes, so how do they take it, Shaykh?
The Shaykh : He takes it with two buckets.
The questioner : It does not reach with buckets; pumps are necessary.
The Shaykh : Yes, it is not permissible, it is not permissible for them to place equipment on his property without his permission.
The questioner : Yes, and if it means, if it is with his permission, it is allowed.
The Shaykh : If it is with his permission, it is allowed.
The questioner : And if it is not with his permission, it is not allowed.
The Shaykh : This is if it is necessary to place the pumps. Yes, yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1833- ماالمقصود بنهى النبى عن بيع فضل الماء /سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.