Muslim

Hadith Commentary:

Benefits and Issues:
From this hadith, it apparently appears that selling water is not permissible, as is the inclination of Hafiz Ibn Hazm and Imam Shawkani. However, according to the majority of the Ummah, in light of other ahadith, ownership over water is established, therefore its buying and selling is also permissible. The water whose sale has been prohibited is that water which belongs to those rivers or springs over which no one has ownership. If someone brings water from there in his own vessel, then he may sell it. Imam Shawkani has deduced from this hadith, in which it is stated: "Nahi 'an bay' al-ma'," — the Prophet (sallallahu alayhi wa sallam) forbade the selling of water — that there is no restriction of fadl (excess, luxuries) in it.

Benefits and Issues:

➊
The water that comes from rivers and streams is obtained by people without cost, and it is used for agriculture; therefore, everyone has a right to it.

➋
Whoever’s land comes first along the path of the water has the right to water his crops first. After giving a reasonable amount of water, he should let the water flow for the land of the next person, as is mentioned in Chapter 20.

➌
When water is transported from one place to another, it can be sold there at a reasonable price, just as wood brought from the forest without cost can be sold in the city.

(1) Water is a fundamental necessity for humans and animals. Survival is not possible without it, and Allah, the Exalted, has provided abundant water free of charge. If one has water in excess of one’s own thirst, then it is obligatory to give it free of charge to a thirsty person. And if one has water in excess of one’s own needs for ablution (wudu), ritual bath (ghusl), etc., then it is necessary to provide it free of charge for ablution, ritual bath, and similar needs. However, if water is required for commercial purposes, then it may be sold—for example, for agricultural needs or for making ice, etc. Similarly, if expenses are incurred or labor is required to obtain the water, such as bringing it from a distance or carrying it, then compensation may be taken in accordance with the expenses and labor. This is not the price of the water itself, but rather compensation for the expenses and labor, and there is no harm in this. However, no thirsty human or animal may be prevented from drinking water.