Is an owner obligated to give away water, fodder, or minerals present on their land if these suffice for their own needs and the needs of their livestock?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The owner is not obligated to give away water emanating on their property, nor fodder, nor minerals, if these suffice for their own drinking needs and the needs of their livestock. This obligation is waived because these resources are within the owner's property rights. If the owner and others are equally in need, the owner has the greater right, similar to provisions of food. The Prophet (peace be upon him) warned against withholding surplus water, but in this case, there is no surplus. Furthermore, compelling the owner to dispense what meets their needs causes them harm, and one is not required to benefit others at the expense of self-harm.
Supporting text
If the owner has a surplus of water beyond what is required for themselves, their livestock, and their crops, and the livestock of others require it, the owner is obliged to give it freely without compensation. Any needy person has the right to approach the water source, drink, and water their livestock, and the owner is prohibited from preventing this. This is based on the report that the Messenger of Allah (peace be upon him) stated, "Whoever withholds surplus water to withhold surplus fodder, Allah will withhold His surplus mercy from him." Another narration states that the Prophet (peace be upon him) prohibited preventing water for fear that others might graze on the fodder, which implies preventing water access to restrict grazing for the benefit of one's own animals.