Extra Water
Its Definition
Extra water refers to when a Muslim has water in a well or a river that is more than his actual requirement for drinking and irrigation of his plants and trees, etc.
Its Ruling
The ruling for extra water is that it should be provided to the needy among the Muslims free of cost. This is due to the Messenger of Allah’s statement:
“Excess water should not be sold so that the pasture may be sold.” (Muslim)
The Messenger of Allah (SAW) said:
“The excess of water should not be withheld in order to prevent the pasture from growing.”
(Al-Bukhari and Muslim) [1]
Its Regulations
The laws of excess water are as follows:
1) The giving of excess water is not done until its owner no longer needs it.
2) The receiver of such superfluous water should be in need of it.
3) Giving it should not cause any kind of harm and difficulty to its owner.
Note:
If the water of valley flows, the Muslim residents of the upper part of the valley will benefit from the water first, then the next and so on. It will continue to be used until reaching to the end of the farm, which is intended for irrigation or until the flowing of water becomes finished. The surrounding farms, which are equally close to the beginning of the flow, should divide the water among them according to the size of their farms. If they dispute, then they should draw lots and distribute it accordingly.
Ibn Majah reported on the authority of ‘Ubadah bin As-Samit that, “The Prophet (SAW) gave a verdict on irrigating the palm trees from the flowing water of the valley. Those on the upper part of it should use the water before the lower ones do. Let them leave the water until it gathers, reaching up to the two ankles. Then they should allow it to flow to the lower part that is nearest to them, and so on until the water covers the whole crop or until the water is depleted.”
The Messenger of Allah (SAW) also said:
“Water (your garden) Zubayr, then send the water on to your neighbor.” (Al-Bukhari)
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[1]The wording that is in Al-Bukhari and Muslim both is, “Do not withhold excess water in order to prevent the pasture from growing.” This is because the people in the time of the Prophet (SAW) used to prevent the shepherds from watering their animals so that they would stay away from them, and the grass of the surrounding pastures would remain specifically for themselves.