Is a co-owner compelled to contribute to the repair of a shared river, canal, waterwheel (dulab), or water-lifting machine (na'urah) when division is impractical?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two narrations regarding compelling a reluctant co-owner to contribute to the maintenance of a shared water feature (river, canal, dulab, or na'urah) when such maintenance is necessary. The opinion attributed to Abu Hanifa states that compulsion is required in this case because the non-contributing partner cannot divide the property (i.e., seek partition), which harms the contributing partner, unlike a boundary wall where the land itself can be partitioned. However, the preferred view is that equalization (compulsion to contribute) is required because partitioning the land causes mutual harm, whereas contributing to maintenance is more accommodating to both parties, thus making them equal in obligation.