As for the last hadith, it says: The Messenger of Allah (peace and blessings be upon him) forbade the sale of surplus water. The prohibition, as mentioned previously, seeks to prevent the act of withholding on the basis of arrogance.

The Shaykh : As for the last hadith, it says: The prohibition, as mentioned previously, seeks to prevent the act of withholding on the basis of arrogance. "Surplus" means excess, meaning what exceeds the amount of need. It is not permissible to sell it.
We specified this because it is the norm that a person does not sell except what exceeds his need. As for what his need is attached to, he does not sell it.
Now, regarding his saying: What is meant by this water? What is meant by this water is two things:
The first thing is what gathered by the action of Allah (Mighty and Majestic) in one of the lands, such as ponds that gather from streams. It is not permissible for anyone to take possession of it and then sell it to people. I mean, if a man came to a pond, do you know what a pond is or not?
The student: Yes.

The Shaykh : Now, if he dammed it up and started selling it to people, this is forbidden for him; it is not permissible, because this water is not from his action. So it is not permissible for him to sell it. The second aspect, we mentioned two aspects, right?
The student: ...

The Shaykh : Huh? The second aspect, the second aspect is that a person digs a well, that he digs a well and reaches the water. Here too, it is not permissible for him to sell the water of the well. It is not permissible to sell the water of the well, because the water of the well is from his action or from the action of Allah?
The student: From the action of Allah.

The Shaykh : From the action of Allah. He is the one who gathered this water in the well; it is not from your making. The most you did is that you dug until you reached it. As for the One who caused springs to flow in the earth, it is? It is Allah. So it is not lawful for you to sell it, because you and the people are equal in it. It is true that you have more right to it, and for this reason he said: You have more right to it. No one can compete with you as long as you are in need of it. But if there is no need, you do not prevent anyone, because it is not permissible for you to sell.
There is a third thing regarding water, which is that you take possession of it by bringing it out of the ground and containing it in a pool, or containing it in a vessel, in a large container. What is it called?
The student: ...

The Shaykh : Huh, a reservoir or a tank or something like that, or a water skin. This is your property, and you may sell it, because you contained it in something specific to you and gathered it in this vessel, so it is your property and you may sell it. This indicates that the Messenger of Allah (peace and blessings be upon him) said: And he said: And people are partners in firewood. But this man gathered firewood and took possession of it, then came to sell it, so the Prophet (peace and blessings be upon him) permitted him the sale. This is like it. So now we have three aspects: two are prohibited and one is permissible. The two prohibited aspects are that a person does not contain it in a vessel or the like, and the obtaining of the water is not by his action, such as?
The student: A pond.

The Shaykh : Like a pond, and valleys and the like. Also, the water of the well, because the one who gathered the water until it became in this reservoir is?
The student: Allah.

The Shaykh : It is Allah (Mighty and Majestic). In these two aspects, sale is not permissible. As for the third aspect, which is after you contain the water in your possession in a vessel, you may sell it.
Now, if someone says: In the first two aspects, is it permissible for me to prevent the water? I say to people: Do not enter this pond to drink from it. We say this hadith says: Yes, we say it is not permissible, it is not permissible for you to prevent people, because they are partners with you in this water, except under the condition that this causes you harm. Harm by what? Either by trampling your crops, or by looking at your private parts, or by taking all the water in a way that harms you and diminishes you. In that case, you may prevent them. If you fear harm or injury, you may prevent them. In the case where it is not permissible for you to prevent, is it necessary to seek your permission? And if he seeks permission, is it necessary for him to grant it? Some scholars said that it is not necessary to seek his permission; you enter whether he grants permission or not. If you see this pond in this man's land, you enter your camels and let them drink from it, whether you sought permission or not. Now, if you sought permission and he did not grant it, do you have the right to enter by force? There are two opinions among scholars. The first opinion is that you do not enter, because it is his property; how do you enter his property without his consent? And the second opinion is that you enter. The first opinion is that you do not enter because it is his property, and you cannot enter his property without his consent. The second opinion, Ya Fahd?
The student: That he does not enter.

The Shaykh : That you enter, because you have the right. You have the right to drink this water. Even if we said that the matter depends on his permission, our saying that it is forbidden for him to prevent would have no benefit for the one entering.
Now, so the question now is: In the case where it is not permissible to sell the water, is it permissible to prevent the one entering his property to drink water?
The student: No.

The Shaykh : I say if there is harm or injury, then harm is like his crops being trampled and his fruit being eaten and the like, so he may prevent. And injury is like people looking at his private parts, his women and children and his needs are exposed, and he does not like anyone to look at them, so he may prevent. As for if there is no justification for prevention, the correct view is that it is not permissible for him to prevent. As for seeking permission from the one entering, we say that it is not necessary for you to seek permission, except if you fear fitnah (trial, discord or temptation), such as if you entered and the owner of the land came and there was fitnah of fighting or the like, then in that case we say do not enter until you seek permission, out of fear of fitnah.
The second one said: The sale of the service of a breeding camel, which is the young camel of the camel. The sale of the service of a breeding camel means a person has a camel that services a she-camel, meaning he mounts it for the purpose of breeding. The Messenger (peace and blessings be upon him) forbade the sale of the service of a male animal. So if you have a male animal...
The student: A camel.

The Shaykh : Yes, a camel. So if you have a camel and the owner of a she-camel comes to you asking you to service this she-camel with the camel, you say to him: By Allah, there is no objection, I have no objection, but every breeding is for one hundred, every breeding is for one hundred. Is this permissible or not?
The student: It is not permissible.

The Shaykh : It is not permissible, this is forbidden for you. If the owner of the camel says that the service harms my camel, what is the answer?
The student: ...

The Shaykh : We say it does not harm him. Does your service of your wife harm you?
The student: Forever.

The Shaykh : Never, it pleases you!
The student : Hmm.

The Shaykh : Yes, ... likewise, meaning praise your Lord that He brought him a wife without a mahr (bridal gift)! Yes, so it does not harm him in reality. But if he says it harms him from another aspect, that he becomes attached to the she-camels and it tires him, and this is observed in donkeys. The donkey, if it is accustomed, its owner can no longer control it; if it sees a female, it may drop what is on its back and go to it. So if he says I fear being harmed by this, we say this is a matter between you and your Lord. If this is true, you have the right. If it is not true and you only want to make an excuse to prevent what is obligatory upon you, this is not lawful for you. However, the issue of donkeys differs from the issue of camels, because the semen of the donkey is impure and foul, and it is not permissible to sell it, unlike the service of the camel.
Now, if someone says, if the owner of the camel says my camel is thin and the service harms it, what do we say?
The student: ...

The Shaykh : Huh?
The student: It does not harm it.

The Shaykh : It does not harm it?
The student: I say...

The Shaykh : We say yes, in this case it is not obligatory upon you, it is not obligatory upon you. But this does not justify for you taking compensation for it. We say either there is harm to the camel or harm to you by using the camel after it services, then you may prevent. If there is no harm to the camel and no harm to you, it is not permissible for you to take compensation, and the discussion now is about taking compensation.
Now, if someone says why did the Messenger (peace and blessings be upon him) forbid it? We said because there is a type of harm and envy in it, because if the camel is not harmed, and the owner of the camel is not harmed, but he refused, knowing that he is causing harm, the owner of the camel is causing harm and is envious and is preventing the surplus and is harming the economy of the ummah (the Muslim community), because the ummah, the more the increase in its wealth, the more it increases?
The student: Strength.

The Shaykh : strength, it increased in strength. For this reason, the Lawgiver prohibited it. The Lawgiver prohibited it, meaning He prohibited its compensation. The parallel to this is the hadith of Abu Hurayrah (may Allah be pleased with him): Abu Hurayrah said: “Why do I see you turning away from it? By Allah, I will throw it between your shoulders”. He said this while he was the governor of Madinah, meaning if you do not allow the wood to be placed on the wall, I will place it on your shoulder. This is similar to what 'Umar said to Muhammad ibn al-Musayramah when he prevented his neighbor from running water across his land to the other side, and his land was between two lands belonging to his neighbor. Did you visualize that?
The student: Yes, indeed.

The Shaykh : All right, so the owner of the two lands requested to run the water from one land to the other, passing through the land of Muhammad ibn al-Musayramah. He said, “I will run the water over the land, and you may plant whatever you wish on it, benefiting from the water.” He said, “No.” So they both appealed to 'Umar, and 'Umar said: “By Allah, I will run it, even if it is over your belly” (may Allah be pleased with him), because it is a source of harm. This is also the same as the case of the stud camel or the stud donkey; it is not permissible. Yes, Muhammad?