What is the ruling on selling flowing water not originating on private property, such as large rivers?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 4 · Bab 4

Open in Qurani

Primary text

Flowing water not originating on private land, such as large rivers, can never be owned. If it flows onto a person's land, the landowner does not gain ownership merely by its presence, similar to how a bird entering their land does not become their property. Anyone may take it. Ownership is established only if the person creates a stationary source, like a pond ('baraka') or basin, or digs a channel to divert water from the main river into it, granting them superior right to that diverted water, similar to the retained water of a well.

Supporting text

Water collected in purpose-built reservoirs ('masani') for rainwater is owned and its sale is valid if the quantity is known, as it is permissible resource secured through effort, similar to game caught in a net. Taking water from such a reservoir requires the owner's permission.