Is it permissible for an owner to take water from the shared river before its division for irrigation, or for a non-owner to do so?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 6 · Bab 1

Open in Qurani

Primary text

It is not permissible for any partner to take water from the shared river before the division occurs, nor is it permissible for a non-partner to do so. This is because the partners have a superior right to the flowing water in their river compared to others. Furthermore, drawing water might necessitate actions upon the banks of the river which may be owned privately by another or jointly.