Discussion regarding the sale of water and pasture.
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The Shaykh : A man dug basins and directed streams from wadis of rainwater into them, so the rainwater gathered in these basins. Is it permissible to sell it? Ibrahim?
The questioner : Yes.
The Shaykh : It came down from the sky.
The questioner : ... .
The Shaykh : Because he enclosed it, it becomes his property, so it is valid to sell it. Good. Next, if rainwater gathered at his place without him digging a basin for it, and it became a pool, is it permissible to sell this water?
The questioner : It is not permissible.
The Shaykh : It is not permissible. On his land? It is not permissible?
The questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because the descent of rain is not ... from Allah the Mighty and Majestic, and it is not ... .
The Shaykh : It is not his property. The water is not his property. Good. Is there a hadith indicating that?
The questioner : Yes, the saying of the Messenger (peace and blessings be upon him)Mishkat al-Masabih 3001 .
The Shaykh : Yes. Good. What grows on his land of grass and trees, is it permissible to sell it?
The questioner : ... .
The Shaykh : ...What?
The questioner : ... .
The Shaykh : I mean, if he harvests it, for example? Before harvesting it, is it not permissible?
The questioner : No, it is not permissible.
The Shaykh : Whatever contradicts, do you understand the question now? What grows on his land of crops and trees, is it permissible to sell it?
The questioner : ... .
The Shaykh : Is it not permissible? Salim?
The questioner : It is permissible to sell it ... .
The Shaykh : This is the brother's statement.
The questioner : Before, it is not permissible.
The Shaykh : Before, it is not permissible. Yes, Khazraj?
The questioner : ... If he has ... in it, cultivation and the like, then it is not permissible ... .
The Shaykh : Is that so, Salim?
The questioner : Yes, because ... .
The Shaykh : There is no harm, there is no harm or anything. If he caused it to grow, it is his property and it is permissible to sell it, even if, but the crops must become strong, as will come if Allah wills.
The questioner : ... .
The Shaykh : Listen, men.
The questioner : ... .
The Shaykh : Listen, may Allah guide you. We said, we all know, later.
And the second is that if it is from Allah and he has no cause in it, then it is not permissible, because people are partners in it. Clear? Some scholars said that if he caused it to grow, he owns it, otherwise he does not. This is the choice of Shaykh al-Islam Ibn Taymiyyah. The meaning of his causing it to grow is that he plows the land so that it is ready for growth when rain descends. This is one way. Or that he leaves the land unplowed, anticipating what will grow on it of pasture and grass, because now, by his choice, he plows the land and nothing grows except what he planted.
And there is a third opinion that he may sell it, and that his saying is regarding land that is not owned. As for owned land, what grows on it follows it, so it becomes property. So the opinions are three: the first is that he does not own it and it is not permissible to sell it; the second is that he owns it and it is permissible to sell it; and the third is the detailed view, which is that if he caused it to grow, meaning he prepared the land for it to grow, or he left the land unplowed for a specific crop to grow, then he owns it and it is permissible to sell it, otherwise he does not. And this is most likely to be correct, that he detailed it as we said regarding the water basins that he prepares to receive water, so if water comes and descends into them, it becomes his property. Good.
The questioner : Yes.
The Shaykh : It came down from the sky.
The questioner : ... .
The Shaykh : Because he enclosed it, it becomes his property, so it is valid to sell it. Good. Next, if rainwater gathered at his place without him digging a basin for it, and it became a pool, is it permissible to sell this water?
The questioner : It is not permissible.
The Shaykh : It is not permissible. On his land? It is not permissible?
The questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because the descent of rain is not ... from Allah the Mighty and Majestic, and it is not ... .
The Shaykh : It is not his property. The water is not his property. Good. Is there a hadith indicating that?
The questioner : Yes, the saying of the Messenger (peace and blessings be upon him)
Muslims share alike in three things: water, herbage and fire.
الناس شركاء في ثلاث الماء والكلأ والنارThe Shaykh : Yes. Good. What grows on his land of grass and trees, is it permissible to sell it?
The questioner : ... .
The Shaykh : ...What?
The questioner : ... .
The Shaykh : I mean, if he harvests it, for example? Before harvesting it, is it not permissible?
The questioner : No, it is not permissible.
The Shaykh : Whatever contradicts, do you understand the question now? What grows on his land of crops and trees, is it permissible to sell it?
The questioner : ... .
The Shaykh : Is it not permissible? Salim?
The questioner : It is permissible to sell it ... .
The Shaykh : This is the brother's statement.
The questioner : Before, it is not permissible.
The Shaykh : Before, it is not permissible. Yes, Khazraj?
The questioner : ... If he has ... in it, cultivation and the like, then it is not permissible ... .
The Shaykh : Is that so, Salim?
The questioner : Yes, because ... .
The Shaykh : There is no harm, there is no harm or anything. If he caused it to grow, it is his property and it is permissible to sell it, even if, but the crops must become strong, as will come if Allah wills.
The questioner : ... .
The Shaykh : Listen, men.
The questioner : ... .
The Shaykh : Listen, may Allah guide you. We said, we all know, later.
And the second is that if it is from Allah and he has no cause in it, then it is not permissible, because people are partners in it. Clear? Some scholars said that if he caused it to grow, he owns it, otherwise he does not. This is the choice of Shaykh al-Islam Ibn Taymiyyah. The meaning of his causing it to grow is that he plows the land so that it is ready for growth when rain descends. This is one way. Or that he leaves the land unplowed, anticipating what will grow on it of pasture and grass, because now, by his choice, he plows the land and nothing grows except what he planted.
And there is a third opinion that he may sell it, and that his saying