Is a person obligated to offer their surplus water for irrigating another's crops?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There is an obligation to offer the surplus water for irrigating another's crops. This view is supported by the action of Abdullah ibn Amr, who instructed his land steward to give away surplus water after irrigating his own land, stating that he heard the Messenger of Allah (PBUH) prohibit the sale of surplus water. Furthermore, preventing the surplus water leads to its destruction, which is forbidden, akin to withholding water from livestock. The destruction of property is prohibited, which indicates the sanctity of the water.
Supporting text
One view states that there is no obligation to offer surplus water for others' crops. This is the position of Al-Shafi'i, based on the reasoning that crops possess no inherent sanctity, evidenced by the fact that their owner is not obligated to water them, unlike livestock.