Is the owner obligated to provide the equipment of the well, such as the rope, bucket, or pulley, for public use?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

The owner is not obligated to provide the equipment of the well, such as the rope, the bucket, or the pulley, for public use. This is because such equipment is consumed through use and is not replaced automatically, unlike the water itself. This ruling represents the apparent position within the Shafi'i school of thought, and there is no distinction between built-up areas and open wilderness concerning the obligation to provide water or fodder resources.

Supporting text

A distinction is reported from Ahmad, who stated that the ruling requiring free provision of water applies only to open wilderness (*sahari* and *barriyah*), and not to built-up areas (*bunyan*). In built-up areas, no one has the right to access the water within the property except with the owner's permission.