Is it permissible to dig a well near an existing well such that water is drawn away from the first well?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible for a person to dig a well near an existing well if doing so draws water from the first well. This prohibition applies whether both wells are dug on privately owned adjacent properties or in unowned (mawat) land where the first digger had established prior rights. The argument supporting this holds that one cannot initiate an action on their property that harms the right established by the preceding owner. This is consistent with the principle that one cannot create harm for a neighbor.

Supporting text

The opinion of Al-Shafi'i permits this action when both locations are private property, considering it a permissible use of one's own property, akin to raising the height of one's house.