Can the owner whose turn it is to use the water during their allotted time use it to irrigate land without an established right or lend it to someone else?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 9 · Bab 1

Open in Qurani

Primary text

When the water is allocated to an owner during their specified turn, it is permissible for them to use it to irrigate land that lacks an established right to water from that source, to gift its use to a person, or to loan it out, provided the action does not require altering the river bank.

Supporting text

The opinion of the Qadi and the companions of Al-Shafi'i suggests this usage should not be permitted, based on the preceding objections regarding establishing rights.