How is water distributed when people contest usage in a small running river or stream?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
When a small river or stream causes competition among users, the priority is given to those situated highest up the river. The first person in line draws water and retains it until it reaches their ankles (al-k'abayn) or the wall (al-jadr), then releases it to the next person in succession until the water reaches all the lands. If nothing is left over for the subsequent users, they receive nothing, as their right is only to what remains, analogous to the residual heirs in inheritance (al-'asaba). This is the position of the jurists of Medina, Malik, and Al-Shafi'i, with no known dissent.
Supporting text
The initial ruling given by the Prophet, peace be upon him, to Al-Zubayr was to irrigate first and then send the water to his neighbor. Upon protest by the Ansar, the ruling was clarified to be irrigation until the water reaches the wall (al-jadr), which was later interpreted as reaching the ankles (al-k'abayn) in the context of the stream of Mahzur and Mudhaynib.