Selling Water for Agriculture and Preserving Extra Water of Valleys and Floods

1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Sa‘id al-A‘raj who said: “This is concerning my question before abu ‘Abdillah (a.s.), about the case of a man who has a share of water with a people in a canal as partners, and certain ones among them stand free of need of their share of water; if he can sell his share. He (the Imam) said, ‘Yes, he can do so, he can sell it in exchange for wariq (dirham) or if he likes, he can sell for a measure of wheat.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from and Humayd ibn Ziyad from al- Hassan ibn Sama‘ah from Ja���far ibn Sama‘ah all from Aban who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, prohibited al-Nitaf and al-Arbi‘a’. He said, ‘Al-Arbi‘a’ is constructing, something as a dam, to hold water to water the land, then he stands free of need for such water.’ He said, ‘You must not sell it but allow your neighbor to use it.’ Al-Nitaf is a share that one has in a body of water, then he stands free of need for such a share. And he (the Messenger of Allah) would say, ‘You must not sell it but allow your neighbor to use it or your brother.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from my from Hakam ibn Ayman from Ghiyath ibn Ibrahim who has said the following: “I once heard abu ‘Abd Allah (a.s.), saying, ‘The Messenger of Allah once issued a judgment about the flood of the valley of Mahzur (name of a place). The amount of water that those of higher areas can hold is up to the anklebones for palm trees and up to one’s shoelaces for plantation. Thereafter water must be allowed for those below that; for plantation up to the shoelace and for the palm trees up to the anklebone, then allow water for those yet lower.’ Ibn abu ‘Umayr has made a statement that Mahrzur is the name of an area in the valley.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about the flood water of valley of Mahzur by which those of higher area could hold water for palm trees up to the anklebones and for plantation up to shoelaces.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from Ali ibn Shajarah Hafs ibn Ghiyath who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about the flood water of valley of Mahzur for palm trees up to the anklebones and for plantation up to shoelaces.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about water for palm trees from flood water that said, ’Those of the higher area drink before the lower ones, and water is left up to the anklebones; then water is allowed for the lower ones which is next until all gardens’ needs are met and water is depleted.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.