What is the ruling on making structural alterations to a jointly owned river or its immediate vicinity?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
No owner is permitted to make any of the aforementioned structural alterations in the jointly owned river itself. This is forbidden because such actions constitute an interference with the joint river and its protective boundary (ḥarīm) without the explicit permission of the co-owners.
Supporting text
Regarding the construction of a bridge structure (ʿibārah) over the shared river, the Qadi held that this hinges upon the established rulings concerning diverting water into another's land. However, the correct view is that it is impermissible here, as diverting water into another's land benefits that owner by nourishing their trees, whereas placing a structure in the river does not benefit the river itself and might even cause erosion to its banks.