Is it permissible to sell water from springs, well reservoirs, or fodder (grazing land) before possession or enclosure?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The apparent established position of the school dictates that it is not permissible to sell water from springs or well reservoirs, nor fodder in their locations, prior to securing them in one's container or possession. Consequently, if a piece of land containing fodder or water is sold, the seller has no claim to that pre-existing water or fodder. This ruling is based on the principle that such natural resources are not held as saleable commodities before being fully appropriated.
Supporting text
There is a reported narration permitting the sale of these items. Under this narration, if the land is sold and the water and fodder are explicitly mentioned in the sale contract, they are included. If they are not mentioned, the existing water and fodder belong to the seller, akin to crops on land. However, any water or fodder that regenerates after the sale belongs to the buyer. Furthermore, under this second view, selling a specified measure (like an *sa'*) of existing well water is permissible because it resembles selling a measured pile (*sabra*), but selling all the water of the well is impermissible because it mixes with other water. Similarly, selling measured amounts from a flowing river is impermissible because that water departs and is replaced by new water.