What is the defined protected area (Harem) around a pre-existing (Adiyyah) well?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
For a pre-existing (Adiyyah) well—defined as an old well attributed to the people of 'Ad or any old well in unclaimed land—the established protected area is fifty cubits in every direction, based on the Hadith stating, 'The Harem of the Adiyyah well is fifty cubits' (Narrated by Al-Daraqutni and Al-Khallal). This area is owned by the person who revitalizes it by making it usable again. The basis for this is the principle that whoever precedes others to unclaimed land owns it.
Supporting text
An alternative view argues that the Harem is not fixed by a specific measurement but is strictly what is necessary for drawing water, such as the radius of the well sweep mechanism or the distance the animal must walk to drink. Abu Hanifa held that the Harem for a well is forty cubits. Furthermore, some scholars hold that this protected area is not owned by the well owner but is merely a designated space for use.