Is a landowner entitled to sell the water they draw from a public or private well?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
When a person draws water using their bucket or mechanism from their well or a public well, the water lifted into their vessel becomes their absolute property, and they have the right to sell it without disagreement among scholars. This is because ownership is established by taking it into one's possession. Imam Ahmad stated that the prohibition concerns selling the excess water while it remains in the well or spring basin, not the water that has been drawn out.
Supporting text
The well structure itself, or the spring ('ayn), can be sold, and the buyer of the structure holds the right to its water.