Rules pertaining to the use of water

1. Any impure water whereby all three of its qualities, i.e. taste, smell and colour, have changed because of some impurity cannot be used under any circumstances. It cannot be given to animals for drinking purposes, nor can it be used to prepare mud for building or plastering. If all three qualities have not changed, it could be given to animals, could be used for building purposes, and could also be used for watering in the house. However, mud of this sort should not be used to plaster the walls of the musjid.

2. The sea, rivers, that pond which is not on some private property, and that well which has been made waqf (given in Allah’s name) – the water of all these can be used by the general public. No one has the right to stop anyone from using water from these places, nor does anyone have the right to use it in such a way that it causes harm to the general public. For example, a person digs a canal from a river or pond and draws water from it in such a way that it becomes dry, or there is the fear of flooding a tract of land or village. To use it in such a way is not proper, and everyone has the right to stop him from this improper way.

3. A person has a well, fountain, pond, or spring on his private property. He cannot stop others from doing the following: drinking water from there, giving water to their animals, making wudu, ghusl or washing clothes, and filling buckets in order to water their trees and gardens. The reason for this is that everyone has a right in it. However, if on account of there being too many animals, there is a fear that the water will get finished, or the pond will get damaged; then he has the right to stop them. If he wishes to stop anyone, they will have to see whether they could get their work done by obtaining water from elsewhere, (eg. there is another well within 1.6 kilometres and it is not on any private property); or the work will not get done and they will have problems. If their work could get done from some other place, well and good. If not, the owner will be told that he should allow this person to draw water on the condition that he will not break the well, etc. or alternatively, he (i.e. the owner) should draw the water for him or get someone to draw it for him and give it to him. However, the water that he receives for his farm or garden cannot be given to anyone else without the owner’s permission. The owner has the right to stop him from this. The same rule applies to grass and all those plants that have no trunks. However, trees that have trunks are the property of the land-owner.

4. A person wishes to irrigate his farm with water from someone else’s well or reservoir and the owner of these wants to charge him for the water. The Ulama differ as to whether it is permissible or not. The Ulama of Balkh have passed a fatwa that it is permissible.

5. If a person fills sea-water, water of a pond or well, etc. into a utensil of his, he will become the owner of that water. No one can use it without his permission. But if a person becomes extremely restless due to thirst, it will be permissible to take that water forcefully from that person if he knows that the water is more than what the owner will require. However, he will have to give compensation for the water.

6. Wudu and ghusl cannot be made with water that has been kept aside for drinking purposes – as is normally kept aside during summer. However, if a lot of water has been kept aside, it can be used. Water that has been kept aside for wudu can be used for drinking purposes.

7. If one or two bits of a goat’s excreta fall into a well, and they come out whole, then the well will not become impure (najis). Irrespective of whether the well is in a jungle or in a town, or whether it is covered or not.