Is a settlement (Sulh) valid concerning the right to water from a neighbor's river or spring for a determined period?
General Chapter
Al-Mughni
Book of Settlement
Primary text
A settlement allowing one to irrigate his land from another man's river or spring for a specific duration, such as one or two days, provided the amount of water is determined, is invalid. The ruling holds because water is not property, and its sale is prohibited, consequently, a settlement based upon it is invalid. Furthermore, the agreement is considered ambiguous.
Supporting text
A settlement concerning a specific share, such as one-third or one-fourth, of the water from the spring or river is permissible. This is deemed a sale of the fixed location (qarar), with the water being secondary and attached to it.