What is the ruling on using water drawn by a water-wheel (dulāb) from a non-owned river for irrigating land lacking established rights to that water?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the water-wheel draws from a river that is not privately owned, it is permissible to use that individual's share of the water to irrigate land lacking an established right to water from that river, without any known dispute on this matter.

Supporting text

If the water-wheel draws from the same river where the dispute in the previous ruling occurred (where shares were established), the ruling follows the same disagreement mentioned previously regarding private stream shares.