Bukhari

Hadith Commentary:
➊
The connection of this hadith to the chapter heading is as follows: If the grass in which everyone has a share is lawful and permissible for all, then to prevent people from accessing it, a trick may be employed such as imposing a restriction on the use of water for people. In this way, the grass will also be preserved, because people will not bring their animals to the well to drink water, nor will they graze their animals on the grass.

➋
The scenario is as follows: A person is the owner of a well, in which no one else has a share. Around the well, there is pastureland which is permissible for everyone. The owner of the well wishes that no one should graze the grass, so he imposes a restriction on the surplus water of his well, so that people’s animals do not drink water and then graze the grass. By this pretext, he sells the water of the well and people are compelled to buy it from him.
If the water is not in excess of his needs, then people can be prevented from the water.
And Allah knows best.
(Fath al-Bari: 12/419)

Hadith Commentary:
This means that if someone has a well at a certain place, and there is grass around it in which, generally, everyone has the right to let their animals graze.
But the owner of the well does not allow others’ animals to drink water, with the intention that if water is not available, people will not bring their animals there to graze, and thus the grass will remain preserved.
According to the majority, this hadith applies to a well that is on private land or in barren land, provided it was dug with the intention of ownership. And a well that is dug in barren land for the comfort of Allah’s creation, its water does not become owned, but as long as the one who dug it does not depart from there, he has more right to that water.
And by “need” is meant the water required for oneself, one’s family, agriculture, and livestock.
After that, whatever is surplus, it is not permissible to withhold it.
Khatabi said that this prohibition is of a discouraging (tanzihi) nature, but what is the evidence for this? Thus, the apparent meaning is that the prohibition is of a forbidding (tahrimi) nature, and it is obligatory not to withhold water.
Now, there is a difference of opinion as to whether taking payment for surplus water constitutes withholding it or not.
The preferred view is that payment should not be taken for surplus water, because this too is, in a way, a form of withholding it.

Hadith Commentary:
(1)
It is prohibited to withhold water when that water is in excess of the owner's needs.
This makes it clear that if the water is not in excess of one's needs, then withholding it is permissible.
Excess water refers to that which is surplus to the needs of the owner, his family, agriculture, and livestock. Furthermore, it refers to water that is not stored in containers, because it is not obligatory to give away surplus water that is stored in containers, unless the one requesting water is in extreme necessity.
(2)
When a person would dig a well, a surrounding area would be designated where animals would come and drink water. After being irrigated by the well's water, grass would also grow around it.
Now, the owner of the well would use the excuse of protecting the grass to withhold the surplus water, but the Messenger of Allah (sallallahu alayhi wa sallam) forbade this.
Ibn Battal said that the owner of the water is more entitled to it until he and his crops are sufficiently irrigated; there is consensus among the scholars on this.
This is only possible when the right of ownership over water is acknowledged. The majority are of the view that water is not such a communal property that it has no owner.
(Fath al-Bari: 5/40)
In short, one should avoid withholding water that is surplus to one's needs, in whatever form it may be.

Hadith Commentary: Benefits and Issues: This hadith establishes that withholding surplus water from drinking and from giving to livestock is prohibited, and likewise, selling it is also prohibited. Therefore, the stance of those who say that withholding is prohibited but selling is not, is incorrect, because withholding water from drinking or selling it is itself a means and cause for selling grass. Furthermore, it is also understood from this that selling water for necessity and for cultivation is not prohibited, because this does not necessarily entail selling grass. And there are three types of water:

(1)
The water of canals and rivers, over which no one has ownership—this is public property for everyone. Selling it is not permissible. However, landowners or farmers who obtain canal water from the government for themselves, it comes into their ownership, and selling it will be permissible.

(2)
The water that a person collects on his own property—he is entitled to it. But if there is surplus for people or livestock, he cannot prevent them from drinking it, nor can he sell it. However, he can prevent others from using it for irrigation or watering orchards, and he can sell it for that purpose.

(3)
The water that a person collects for domestic use in vessels, tanks, or reservoirs at home—he is its owner and can prevent others from it. However, if there is more than his need, and a helpless or compelled person who cannot find water anywhere else comes, then he is obliged to give him water to drink.

Hadith Commentary: Benefits and Issues: If a person owns a well in an area where there is communal grass, from which everyone benefits, and there is no other water near this grass with which the livestock can be given water, and it is not possible to feed the livestock without giving them water, then in such a situation, if there is water in the well in excess of the owner's need, to prevent the livestock from accessing this water is, in reality, to prevent access to the communal grass, and this is not permissible.

Imam Malik, Imam Abu Hanifah, and Imam Shafi'i hold this same position. However, giving surplus water for cultivation and agriculture is recommended, but not obligatory. But according to Imam Malik, the ruling for both is the same. In light of the hadith, the position of the Shafi'is and Hanafis is stronger, because the ruling for animals and land is not the same.

Explanation:
1:
One should not refrain from giving surplus water to others’ animals with the thought that if people do not find water to give to their animals, they will not bring their animals here, and thus the grass will remain preserved for one’s own animals. This is blatant selfishness, which Islam does not approve of.

Benefits and Issues:
Explanation:
In deserts, common pastures, and along pathways, there used to be public wells, springs, or ponds.
Herdsmen would come there to water their animals,
rest,
and graze their animals.
Sometimes, the one who arrived first would prevent those who came later from using the remaining water.
The intention behind this was that if others did not get water,
they would not come to that place,
and thus the grass of the surrounding pasture would remain preserved for his own animals.
Doing so is impermissible.
However, if the well, tube well, or pond, etc., is private property,
and he has spent on it,
then he may prevent others.
But even then, it is necessary to observe Islamic morals and etiquette.

Takhrij al-Hadith:
[وأخرجه البخاري 2353، و مسلم 1566/36، من حديث مالك به]
Jurisprudential Points:
➊ Islam is a religion of goodwill for all of humanity.
➋ If water is coming into a person's land by any means, he should let the surplus water flow so that his neighbors can benefit from it.
➌ It is not permissible to harm neighbors and other Muslims.
➍ Hafiz Ibn Hajar rahimahullah al-Asqalani rahimahullah has deduced from this hadith that selling water is permissible. See: [فتح الباري 5/32 تحت ح2253]
➎ The prohibition in this hadith is not one of absolute unlawfulness (tahrimi), but rather of undesirability (tanzihi), as is the conclusion of the majority; however, some scholars consider it obligatory.
➏ As a means of blocking the avenues to harm (sadd al-dhara’i), it is permissible to prohibit an action through which harm is feared.
➐ The generality of this hadith indicates that withholding and hoarding all daily necessities upon which Muslims depend is wrong.

Benefit:
In this hadith, the prohibition of withholding surplus water has been mentioned; when someone asks for surplus water, it should be given to him so that grass and the like may grow from it and it may benefit animals. When someone withholds surplus water and does not give it, it is as if he is preventing the grass from growing.

SR Note: ER
By surplus water is meant that water which can be obtained without any hardship and is acquired without payment. In the present era, water from motor pumps, turbines, and engines is obtained with great difficulty, and their bills are very high. If the owner of such water does not give free water to anyone, it is his choice; this hadith does not apply to such a person. However, fulfilling the needs of those in need is a very great deed. If a farmer is indigent, cannot install a personal motor, and cannot pay the electricity bill, then the owner of the motors should pay special attention to him and should give him water for free according to his ability.