What are the conditions for owning a newly dug well in barren land?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 5 · Bab 1

Open in Qurani

Primary text

A newly dug well must contain water, even if the digger has not yet reached the water level, to qualify as an act of revitalization. If a person digs a well for the general use of Muslims, or for their own use while residing there before abandoning it, they do not own it outright; it becomes like known public minerals. However, if they are the first to claim it while present, they have priority rights. If a well has existing water benefiting Muslims, no one has the right to exclusively claim or restrict access to it, as it is treated like apparent minerals or naturally flowing springs.

Supporting text

The protection radius for a newly dug well (Badi) is twenty-five cubits, while the established (Adiyyah) well receives fifty cubits, according to one narration, which implies that the proprietary right is not strictly limited to the immediate need for water drawing, but includes space for watering troughs and resting animals.