Explanation of the author's statement: "And it is not valid to sell the water that gushes from a well, nor what grows in its land of grass and thorns, and the one who takes it owns it"
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The Shaykh : He said "And it is not valid to sell the water that gushes from a well" This is also not valid to sell, the selling of the water that gushes from a well. What is the water that gushes from a well? It is the water in the well that has gushed up from the earth, so it is not permissible to sell this water. Why? Because of the saying of the Prophet (peace and blessings be upon him) Mishkat al-Masabih 3001 And because this water did not come out by the power of man, but by the power of Allah (Mighty and Majestic). A person may dig a deep well and the water does not come out, so it is not from his effort or his action; he is not the cause. Therefore, he does not own it. And if he does not own it, then it is not valid to sell it. Do you understand? Good.
As for if he owns it, encloses it, extracts it, and places it in a pond, then it is permissible to sell it because it has become his property by possession. Good. In the first issue, if we say that it is not valid to sell the water that gushes from a well, if a person comes and installs on my well what is used to extract the water, do I have the right to prevent him? We say: if there is no harm to me in that, then I do not have the right to prevent him. And if there is harm to me, then I have the right to prevent him. The harm is such as being harmed by his crossing my property to the well, or by his seeing the private parts of women, or by his reducing the water for me. The important point is: if there is no harm to me, then it is obligatory for me to enable him to place on my well what he uses to draw the water.
Likewise, it is not valid to sell what grows in its land of grass and thorns. Grass is the herb, and thorns are the trees. So what grows in the earth by the action of Allah (Mighty and Majestic), it is not permissible for me to sell it. Why? Because of his saying (peace and blessings be upon him) So it is not valid to sell what Allah the Exalted has caused to grow in his property of grass or thorns. Good. If I need it for grazing my camels, sheep, or cows, then I am more entitled to it, and I have the right to prevent it because I am more entitled to it. But if I do not need it, then I do not have the right to prevent one who wants to take it. Good. Except if it causes me harm in that, then I have the right to prevent him, because it is not possible to commit harm for the benefit of another, and the owner of the land is more entitled to it. Good.
And his saying "nor what grows in its land" It is known that what a person causes to grow in his land, he has the right to sell it, just as if he plants palm trees or trees, or sows a crop, then it is his property and he has the right to sell it.
He said "and the one who takes it owns it" The pronoun "it" refers to what? It refers to the water that gushes from the well and to what grows in its land of grass and thorns. So if a man enters a person's orchard and cuts the weeds and chops the trees, then it becomes his property because he has taken possession of it. If the owner of the land says, "Why did you encroach on my land and take it?" We say to him: he erred in his encroachment, but it is his property by his possession. And for this reason he said "and the one who takes it owns it".
Muslims share alike in three things: water, herbage and fire.
الناس شركاء في ثلاث الماء والكلأ والنارAs for if he owns it, encloses it, extracts it, and places it in a pond, then it is permissible to sell it because it has become his property by possession. Good. In the first issue, if we say that it is not valid to sell the water that gushes from a well, if a person comes and installs on my well what is used to extract the water, do I have the right to prevent him? We say: if there is no harm to me in that, then I do not have the right to prevent him. And if there is harm to me, then I have the right to prevent him. The harm is such as being harmed by his crossing my property to the well, or by his seeing the private parts of women, or by his reducing the water for me. The important point is: if there is no harm to me, then it is obligatory for me to enable him to place on my well what he uses to draw the water.
Likewise, it is not valid to sell what grows in its land of grass and thorns. Grass is the herb, and thorns are the trees. So what grows in the earth by the action of Allah (Mighty and Majestic), it is not permissible for me to sell it. Why? Because of his saying (peace and blessings be upon him)
People are partners in three things: water, grass, and fire
الناس شركاء في ثلاثة الماء والكلأ والنارAnd his saying "nor what grows in its land" It is known that what a person causes to grow in his land, he has the right to sell it, just as if he plants palm trees or trees, or sows a crop, then it is his property and he has the right to sell it.
He said "and the one who takes it owns it" The pronoun "it" refers to what? It refers to the water that gushes from the well and to what grows in its land of grass and thorns. So if a man enters a person's orchard and cuts the weeds and chops the trees, then it becomes his property because he has taken possession of it. If the owner of the land says, "Why did you encroach on my land and take it?" We say to him: he erred in his encroachment, but it is his property by his possession. And for this reason he said "and the one who takes it owns it".