Is it permissible to run water through another person's land out of necessity for agriculture?
General Chapter
Al-Mughni
Book of Settlement
Primary text
There are two narrations concerning the permissibility of directing water for agricultural necessity across a neighbor's land when no other route exists. The preferred narration holds that it is impermissible because it involves using another's property without permission, analogous to planting or building on another's land without consent. This necessity does not permit the use of another's property.
Supporting text
The opposing narration permits it based on the precedent where Al-Dahhak ibn Khalifah directed an irrigation channel ('khalij') across Muhammad ibn Muslimah's land despite his refusal. Caliph Umar ibn Al-Khattab intervened, asserting that Muhammad should not prevent his brother from a benefit that also benefits him and causes no harm. When Muhammad refused, Umar commanded that the water must pass, even if over Muhammad's stomach. This incident is narrated by Malik in his Muwatta and Sa'id in his Sunan. The first view is considered more strictly analogous ('aqwas') to general legal principles, and the explicit ruling of Umar is deemed to contradict the established stance of Muhammad ibn Muslimah, making the stricter view preferable.