(40) Distributing Water

CHAPTER 1. Distribution of water.

3:541 Narrated by Sahl bin Sad
A tumbler (full of milk or water) was brought to the Prophet who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present and on his left side there were old men. The Prophet asked, “O boy, will you allow me to give it (i.e. the rest of the drink) to the old men?” The boy said, “O Allah’s Apostle! I will not give preference to anyone over me to drink the rest of it from which you have drunk.” So, the Prophet gave it to him.
3:542 Narrated by Az-Zuhri
Anas bin Malik said, that once a domestic sheep was milked for Allah’s Apostle while he was in the house of Anas bin Malik. The milk was mixed with water drawn from the well in Anas’s house. A tumbler of it was presented to Allah’s Apostle who drank from it. Then Abu Bakr was sitting on his left side and a bedouin on his right side. When the Prophet removed the tumbler from his mouth, ‘Umar was afraid that the Prophet might give it to the bedouin, so he said. “O Allah’s Apostle! Give it to Abu Bakr who is sitting by your side.” But the Prophet gave it to the bedouin, who was to his right and said, “You should start with the one on your right side.”

CHAPTER 2. Whoever said, “The owner of the water has the right to drink till he is satisfied.”

3:543 Narrated by Abu Huraira
Allah’s Apostle said, “Do not withhold the superfluous water, for that will prevent people from grazing their cattle.”
3:544 Narrated by Abu Huraira
That Allah’s Apostle said, “Do not withhold the superfluous water in order to withhold the superfluous grass.”

CHAPTER 3. Disputes and controversies about wells and the settlement of such disputes and controversies.

3:546 Narrated by ‘Abdullah (bin Mas’ud)
The Prophet said, “Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him.” Allah revealed: ‘Verily those who purchase a little gain at the cost of Allah’s covenant, and their oaths.’ ……..(3.77) Al-Ash’ath came (to the place where ‘Abdullah was narrating) and said, “What has Abu ‘Abdur-Rahman (i.e. Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, ‘I don’t have witnesses.’ He said, ‘Let the defendant take an oath then.’ I said, ‘O Allah’s Apostle! He will take a (false) oath immediately.’ Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said.” (See Hadith No. 692)

CHAPTER 4. The sin of him who withholds water from way-farer and travellers.

3:547 Narrated by Abu Huraira
Allah’s Apostle said, “There are three persons whom Allah will not look at on the Day of Resurrection, nor will he purify them and theirs shall be a severe punishment. They are:
1. A man possessed superfluous water, on a way and he withheld it from travelers.
2. A man who gave a pledge of allegiance to a ruler and he gave it only for worldly benefits. If the ruler gives him something he gets satisfied, and if the ruler withholds something from him, he gets dissatisfied.
3. And man displayed his goods for sale after the ‘Asr prayer and he said, ‘By Allah, except Whom None has the right to be worshipped, I have been given so much for my goods,’ and somebody believes him (and buys them).”

The Prophet then recited: “Verily! Those who purchase a little gain at the cost of Allah’s Covenant and their oaths.” (3.77)

CHAPTER 5. The superiority of providing water (to those who need it).

3:551 Narrated by Abu Huraira
Allah’s Apostle said, “While a man was walking he felt thirsty and went down a well and drank water from it. On coming out of it, he saw a dog panting and eating mud because of excessive thirst. The man said, ‘This (dog) is suffering from the same problem as that of mine. So he (went down the well), filled his shoe with water, caught hold of it with his teeth and climbed up and watered the dog. Allah thanked him for his (good) deed and forgave him.” The people asked, “O Allah’s Apostle! Is there a reward for us in serving (the) animals?” He replied, “Yes, there is a reward for serving any animate.”

CHAPTER 6. Whoever thinks that the owner of a tank or of a leather water container has more right to use the water than any other person.

3:555 Narrated by Abu Huraira
The Prophet said, “By Him in Whose Hands my soul is, I will drive some people out from my (sacred) Fount on the Day of Resurrection as strange camels are expelled from a private trough.”
Narrated by Abu Huraira
The Prophet said, “There are three types of people whom Allah will neither talk to, nor look at, on the Day of Resurrection. (They are): 1. A man who takes an oath falsely that he has been offered for his goods so much more than what he is given,
2. a man who takes a false oath after the ‘Asr prayer in order to grab a Muslim’s property, and
3. a man who with-holds his superfluous water. Allah will say to him, “Today I will with-hold My Grace from you as you with-held the superfluity of what you had not created.”

CHAPTER 7. No Ijima (private pasture) except according to what Allah and His Messenger did

3:558 Narrated by As-Sab bin Jaththama
Allah’s Apostle said, No Hima except for Allah and His Apostle. We have been told that Allah’s Apostle made a place called An-Naqi’ as Hima, and ‘Umar made Ash-Sharaf and Ar-Rabadha Hima (for grazing the animals of Zakat).

CHAPTER 8. Drinking water by people and watering animals from the rivers.

3:559 Narrated by Abu Huraira
Allah’s Apostle said, “Keeping horses may be a source of reward to some (man), a shelter to another (i.e. means of earning one’s living), or a burden to a third. He to whom the horse will be a source of reward is the one who keeps it in Allah’s Cause (prepare it for holy battles) and ties it by a long rope in a pasture (or a garden). He will get a reward equal to what its long rope allows it to eat in the pasture or the garden, and if that horse breaks its rope and crosses one or two hills, then all its foot-steps and its dung will be counted as good deeds for its owner; and if it passes by a river and drinks from it, then that will also be regarded as a good deed for its owner even if he has had no intention of watering it then. Horses are a shelter from poverty to the second person who keeps horses for earning his living so as not to ask others, and at the same time he gives Allah’s right (i.e. Rakat) (from the wealth he earns through using them in trading etc.,) and does not overburden them. He who keeps horses just out of pride and for showing off and as a means of harming the Muslims, his horses will be a source of sins to him.” When Allah’s Apostle was asked about donkeys, he replied, “Nothing particular was revealed to me regarding them except the general unique verse which is applicable to everything: “Whoever does goodness equal to the weight of an atom (or small ant) shall see it (its reward) on the Day of Resurrection.”

CHAPTER 9. The selling of wood and grass.

3:563 Narrated by Husain bin Ali
Ali bin Abi Talib said: “I got a she-camel as my share of the war booty on the day (of the battle) of Badr, and Allah’s Apostle gave me another she-camel. I let both of them kneel at the door of one of the Ansar, intending to carry Idhkhir on them to sell it and use its price for my wedding banquet on marrying Fatima. A goldsmith from Bam Qainqa’ was with me. Hamza bin ‘Abdul-Muttalib was in that house drinking wine and a lady singer was reciting: “O Hamza! (Kill) the (two) fat old she camels (and serve them to your guests).” So Hamza took his sword and went towards the two she-camels and cut off their humps and opened their flanks and took a part of their livers.” (I said to Ibn Shihab, “Did he take part of the humps?” He replied, “He cut off their humps and carried them away.”) ‘Ali further said, “When I saw that dreadful sight, I went to the Prophet and told him the news. The Prophet came out in the company of Zaid bin Haritha who was with him then, and I too went with them. He went to Hamza and spoke harshly to him. Hamza looked up and said, ‘Aren’t you only the slaves of my forefathers?’ The Prophet retreated and went out. This incident happened before the prohibition of drinking.”

CHAPTER 10. The uncultivated pieces of land (granted by the ruler to some individuals).

3:564 Narrated by Anas
The Prophet decided to grant a portion of (the uncultivated land of) Bahrain to the Ansar. The Ansar said, “(We will not accept it) till you give a similar portion to our emigrant brothers (from Quraish).” He said, “(O Ansar!) You will soon see people giving preference to others, so remain patient till you meet me (on the Day of Resurrection).

CHAPTER 11. One may have the right to pass through a garden or to, have a share in the date-palms. [See Fat, Al-Bari, Vol. 5, Pages 446, 4471.

3:566 Narrated by Zaid bin Thabit
The Prophet permitted selling the dates of the ‘Araya for ready dates by estimating the amount of the former (as they are still on the trees).