What is the ruling regarding using flowing water from a developed source without permission?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Every person has the right to draw water from flowing water for drinking, ablution (wudu), ritual washing (ghusl), washing clothes, and similar uses that do not significantly affect the water, without needing the owner's permission, provided the water source is not within a protected enclosure. The owner is forbidden from preventing such usage. This is established by the narration of Abu Hurairah where the Messenger of Allah, peace be upon him, stated that Allah does not look upon, purify, or grant a painful punishment to three types of people, one of whom is the man who possesses surplus water on the path and withholds it from the traveler (Ibn al-Sabil). Another narration from Buhayzah states that the Prophet, peace be upon him, declared water as something that is not permissible to withhold.
Supporting text
This permission is also based on the customary principle that such small usage does not harm the flow, and the water is surplus to the owner's immediate need.