All people share in water, fire, and grass.
Linguistic explanation: The word “Shirkah” is a verbal noun from the root شَرِكَ يَشْرَكُ (Sami’a). It means to share or participate. The form أشْرَكَ (Af’al) means to share something. The forms شَارَكَ تَشارَك (Mufā’alah, Tafā’ul) mean mutual sharing.
[Al-Munjid: pp. 523 – 524]
Technical definition: To come together mutually in an action or entitlement.
[Al-Mughni: 1/5, Al-Fiqh Al-Islami wa Adillatuhu: 3875/5]
Legitimacy: Partnership is established from the Book and Sunnah.
➊ Allah Almighty says:
فَهُمْ شُرَكَاءُ فِي الثُّلُثِ [An-Nisa: 12]
“So share in one-third.”
➋ In another verse it is stated:
وَإِنَّ كَثِيرًا مِّنَ الْخُلَطَاءِ لَيَبْغِي بَعْضُهُمْ عَلَىٰ بَعْضٍ [Sad: 24]
“And most of them are partners who wrong one another.”
➌ There is a Hadith Qudsi:
أنا ثالث الشريكين ما لم يخن أحدهما صاحبه
“I am the third partner of two partners as long as none of them betrays the other.”
[Weak: Da’if Abu Dawood: 732, Kitab Al-Buyu’: Chapter on Partnership, Abu Dawood: 3383]
The Messenger of Allah (peace be upon him) said:
المسلمون شركاء فى ثلاثة: فى الماء والكلأ والنار
“Muslims share in three things: water, grass, and fire.”
[Sahih: Irwa’ Al-Ghalil: 8/6, Abu Dawood: 3477, Kitab Al-Buyu’: Chapter on Prohibition of Water, Ahmad: 364/5]
This means that when these items exceed personal needs, it is not permissible to prevent people from them when needed, as clarified by the following hadiths:
➊ لا يمنع الماء والنار والكلأ
“Do not prevent water, fire, and grass.”
[Sahih: Irwa’ Al-Ghalil: 907/6, Ibn Majah: 2473]
➋ لا تمنعوا فضل الماء
“Do not prevent excess water.”
[Bukhari: 2354, Kitab Al-Masaqah: Chapter on Whoever Says the Owner of Water Has More Right to Water]
When there is a dispute among those entitled to water, the one who is higher up has more right; thus, the upper person will hold the water up to the ankles and then let it flow to those below.
➊ Hazrat Ubada (may Allah be pleased with him) narrates that the Prophet (peace be upon him) ruled regarding floodwater for date palms that the upper person should first fill the water up to the ankles in the crop, then leave it for the one below.
[Sahih: Sahih Ibn Majah: 2014, Kitab Al-Ahkam: Chapter on Drinking from Valleys and the Amount of Water Retention, Ibn Majah: 2483, Bayhaqi: 154/6, Majma’ Az-Zawa’id: 203/4, Al-Fath Ar-Rabbani: 218/15]
➋ Hazrat Abdullah bin Zubair (may Allah be pleased with him) narrates that when Hazrat Zubair (may Allah be pleased with him) and an Ansari disputed over watering date palms, the Prophet (peace be upon him) said:
اسق يا زبير ثم أرسل الماء إلىٰ جارك
“O Zubair! Water first, then leave it for your neighbor.”
Then this verse was revealed:
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ [An-Nisa: 65]
[Bukhari: 2360, Kitab Al-Masaqah: Chapter on Closing Rivers, Muslim: 2357, Tirmidhi: 1283, Abu Dawood: 3153]
Note that this prophetic command concerns water from streams, springs, floods, cities, and rain. If someone installs a tubewell or motors from personal funds, they may use it as they wish.
It is not permissible to prevent excess water to stop grass from growing.
Hazrat Abu Huraira (may Allah be pleased with him) narrates that the Messenger of Allah (peace be upon him) said:
لا تمنعـوا فـضل الماء لتمنعوا به الكلأ
“Do not prevent excess water so that you stop the grass.”
[Bukhari: 3354, Kitab Al-Masaqah: Chapter on Whoever Says the Owner of Wealth Has More Right to Water Until It Is Satisfied, Muslim: 1566, Muwatta: 29, Abu Dawood: 3473, Tirmidhi: 1272, Ibn Majah: 2478]
This means that if grass grows near someone’s water source and people’s livestock come to drink water and also graze the grass, the owner may dislike this and prevent water to save the grass.
The ruler has the right to designate certain places for grazing the Muslims’ animals (public treasury livestock) when necessary.
➊ It is narrated from Hazrat Ibn Abbas (may Allah be pleased with him) that:
أن النبى صلى الله عليه وسلم حمى النقيع وأن عمر رضي الله عنه حمي السرف والربذة
“The Noble Prophet (peace be upon him) made a pasture in Naqi’, and Hazrat Umar (may Allah be pleased with him) made pastures in Sarf and Rabdha.”
[Bukhari: 2370, Kitab Al-Masaqah: Chapter No Protection Except for Allah and His Messenger, Abu Dawood: 3084, Hakim: 61/2]
➋ In the hadith of Hazrat Ibn Umar (may Allah be pleased with them both):
أن النبى صلى الله عليه وسلم حمى النقيع لخيل المسلمين
“The Prophet (peace be upon him) made Naqi’ a pasture for the Muslims’ horses.”
[Sahih: Ahmad: 6438, Ibn Hibban: 1641 – Al-Mawarid, Sheikh Ahmad Shakir (may Allah have mercy on him) declared it authentic.]
These hadiths mean that only Allah and His Messenger have the right to prevent pastures or grasslands such as forests. The Caliph of the Muslims or the ruler at the time is the representative of the Messenger. No other person has the right to reserve or designate such pastures that are not owned by anyone for themselves.
Imam Shafi’i (may Allah have mercy on him) states that it is permissible for the ruler to designate pastures for the public treasury’s animals, but this pasture should be barren or uninhabited land only, as otherwise it causes harm and hardship to the public.
[Al-Muwatta: 62/2, Al-Rawdah Al-Nadiyyah: 294/2]
Partnership in cash and trade goods is permissible, and profit will be divided according to the agreement of both parties.
➊ Hazrat Saib bin Abi Saib (may Allah be pleased with him) was a partner of the Prophet (peace be upon him) before prophethood. On the day of the conquest of Mecca, he said to the Prophet (peace be upon him) that in the pre-Islamic period you were my best partner; you neither deceived me nor argued with me.
[Sahih: Sahih Ibn Majah: 1853, Abu Dawood: 4836, Kitab Al-Adab: Chapter on Disliking Disputes, Ibn Majah: 2287, Hakim: 61/2]
➋ Hazrat Zaid bin Arqam (may Allah be pleased with him) and Hazrat Bara bin Azib (may Allah be pleased with him) were partners in buying silver.
[Bukhari: 2497 – 2498, Kitab Al-Shirkah: Chapter on Partnership in Gold and Silver and What Involves Exchange, Muslim: 1589, Nasai: 4576]
➌ Hadith Qudsi:
أنا ثالث الشريكين ما لم يخن أحدهما صاحبه
“I am the third partner of two partners as long as none of them betrays the other.”
[Weak: Da’if Abu Dawood: 732, Kitab Al-Buyu’: Chapter on Partnership, Abu Dawood: 3383, Dar Qutni: 135, Hakim: 52/2, Bayhaqi: 78/6]
