Book Forty – The Book on Distribution of Water

Hadith Number 541.

Narrated by Sahl bin Sad (Radhi Allahu Anhu): A tumbler (full of milk or water) was brought to the Prophet (Sallallahu Alayhi wa Sallam) who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present and on his left side there were old men. The Prophet (Sallallahu Alayhi wa Sallam) asked, "O boy, will you allow me to give it (i.e. the rest of the drink) to the old men?" The boy said, "O Allah's Messenger! I will not give preference to anyone over me to drink the rest of it from which you have drunk." So, the Prophet (Sallallahu Alayhi wa Sallam) gave it to him.


Hadith Number 542.

Narrated by Az-Zuhri: Anas bin Malik (Radhi Allahu Anhu) said, that once a domestic sheep was milked for Allah's Messenger (Sallallahu Alayhi wa Sallam) while he was in the house of Anas bin Malik (Radhi Allahu Anhu). The milk was mixed with water drawn from the well in Anas's house. A tumbler of it was presented to Allah's Messenger who drank from it. Then Abu Bakr (Radhi Allahu Anhu) was sitting on his left side and a Bedouin on his right side. When the Prophet (Sallallahu Alayhi wa Sallam) removed the tumbler from his mouth, 'Umar (Radhi Allahu Anhu) was afraid that the Prophet (Sallallahu Alayhi wa Sallam) might give it to the Bedouin, so he said. "O Allah's Messenger! Give it to Abu Bakr who is sitting by your side." But the Prophet (Sallallahu Alayhi wa Sallam) gave it to the Bedouin, who was to his right and said, "You should start with the one on your right side."


Hadith Number 543.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger said, "Do not withhold the superfluous water, for that will prevent people from grazing their cattle." (*)


* This Hadith means that if one has a well near which there is a pasture and there is no other source of water in the area, one should not withhold the water from the sheep grazing there, for that would make it impossible for he sheep to graze there as they would be in need of water after grazing. So to withhold the water means to prevent sheep from grazing as well. (Fath-ul Bari Vol 5 Page 429)


Hadith Number 544.

Narrated by Abu Hurairah (Radhi Allahu Anhu) : That Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Do not withhold the superfluous water in order to withhold the superfluous grass."


Hadith Number 545.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "No blood-money will be charged if somebody dies in a mine or in a well or is killed by an animal; and if somebody finds a treasure in his land he has to give one-fifth of it to the Government." (*)


* The owner of the well is not responsible if somebody falls and dies in it, if the well is in this land or in uncultivated belonging to nobody. (This is tru concerning minders also.) But if the well is dug on the way of the Muslims or in the land of somebody else without his permission and somebody falls and dies in it, then the person who has dug the well has to pay blood-money.

If an animal was untied itself and kills somebody or spoils his property, the owner of the animal is not responsible unless he is present at the time of the accident. (Al-Qastalani Vol. 4 Page 195)

Hadith Number 546.

Narrated by 'Abdullah (bin Mas'ud) (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.'... (Surah Aal-‘Imran 3:77)

Al-Ash'ath (Radhi Allahu Anhu) came (to the place where 'Abdullah was narrating) and said, "What has Abu 'Abdur-Rahman (i.e. Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet (Sallallahu Alayhi wa Sallam) asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Messenger! He will take a (false) oath immediately.' Then the Prophet (Sallallahu Alayhi wa Sallam) mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692 Book 45)


Hadith Number 547.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "There are three persons whom Allah will not look at on the Day of Resurrection, nor will he purify them and theirs shall be a severe punishment. They are:

1. A man possessed superfluous water, on a way and he withheld it from travellers.
2. A man who gave a pledge of allegiance to a ruler and he gave it only for worldly benefits. If the ruler gives him something he gets satisfied, and if the ruler withholds something from him, he gets dissatisfied.
3. And man displayed his goods for sale after the 'Asr prayer and he said, 'By Allah, except Whom None has the right to be worshipped, I have been given so much for my goods,' and somebody believes him (and buys them)."

The Prophet (Sallallahu Alayhi wa Sallam) then recited: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths." (Surah Aal-‘Imran 3:77)


Hadith Number 548.

Narrated by 'Abdullah bin Az-Zubair (Radhi Allahu Anhuma): An Ansari man quarrelled with Az-Zubair in the presence of the Prophet (Sallallahu Alayhi wa Sallam) about the Harra Canals which were used for irrigating the date-palms. The Ansari man said to Az-Zubair, "Let the water pass' but Az-Zubair (Radhi Allahu Anhu) refused to do so. So, the case was brought before the Prophet (Sallallahu Alayhi wa Sallam) who said to Az-Zubair, "O Zubair! Irrigate (your land) and then let the water pass to your neighbor." On that the Ansari got angry and said to the Prophet (Sallallahu Alayhi wa Sallam), "Is it because he (i.e. Zubair) is your aunt's son?" On that the colour of the face of Allah's Messenger changed (because of anger) and he said, "O Zubair! Irrigate (your land) and then withhold the water till it reaches the walls between the pits round the trees." Zubair said, "By Allah, I think that the following verse was revealed on this occasion": "But no, by your Lord they can have no faith until they make you judge in all disputes between them." (Surah An-Nisa’ 4:65)

Hadith Number 549.

Narrated by 'Urwa: When a man from the Ansar quarrelled with Az-Zubair (Radhi Allahu Anhu), the Prophet (Sallallahu Alayhi wa Sallam) said, "O Zubair! Irrigate (your land) first and then let the water flow (to the land of the others)." "On that the Ansari said, (to the Prophet (Sallallahu Alayhi wa Sallam)), "It is because he is your aunt's son." On that the Prophet (Sallallahu Alayhi wa Sallam) said, "O Zubair! Irrigate till the water reaches the walls between the pits around the trees and then stop (i.e. let the water go to the other's land)." I think the following verse was revealed concerning this event: "But no, by your Lord They can have No faith Until they make you judge in all disputes between them." (Surah An-Nisa’ 4:65)


Hadith Number 550.

Narrated by 'Urwa bin Az-Zubair (Radhi Allahu Anhuma): An-Ansari man quarrelled with Az-Zubair (Radhi Allahu Anhu) about a canal in the Harra which was used for irrigating date-palms. Allah's Messenger (Sallallahu Alayhi wa Sallam), ordering Zubair to be moderate, said, "O Zubair! Irrigate (your land) first and then leave the water for your neighbour." The Ansari said, "Is it because he is your aunt's son?" On that the colour of the face of Allah's Apostle changed and he said, "O Zubair! Irrigate (your land) and withhold the water till it reaches the walls that are between the pits around the trees." So, Allah's Messenger (Sallallahu Alayhi wa Sallam) gave Zubair (Radhi Allahu Anhu) his full right. Zubair said, "By Allah, the following verse was revealed in that connection": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (Surah An-Nisa’ 4:65)

(The sub-narrator,) Ibn Shihab said to Juraij (another sub-narrator), "The Ansar and the other people interpreted the saying of the Prophet (Sallallahu Alayhi wa Sallam), 'Irrigate (your land) and with-hold the water till it reaches the walls between the pits around the trees,' as meaning up to the ankles."


Hadith Number 551.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "While a man was walking he felt thirsty and went down a well and drank water from it. On coming out of it, he saw a dog panting and eating mud because of excessive thirst. The man said, 'This (dog) is suffering from the same problem as that of mine. So he (went down the well), filled his shoe with water, caught hold of it with his teeth and climbed up and watered the dog. Allah thanked him for his (good) deed and forgave him." The people asked, "O Allah's Messenger! Is there a reward for us in serving (the) animals?" He replied, "Yes, there is a reward for serving any animate."


Hadith Number 552.

Narrated by Asma' bint Abi Bakr (Radhi Allahu Anha): The Prophet (Sallallahu Alayhi wa Sallam) prayed the eclipse prayer, and then said, "Hell was displayed so close that I said, 'O my Lord ! Am I going to be one of its inhabitants?"' Suddenly he saw a woman. I think he said, who was being scratched by a cat. He said, "What is wrong with her?" He was told, "She had imprisoned it (i.e. the cat) till it died of hunger."

Hadith Number 553.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "A woman was tortured and was put in Hell because of a cat which she had kept locked till it died of hunger." Allah's Messenger (Sallallahu Alayhi wa Sallam) further said, (Allah knows better) Allah said (to the woman), 'You neither fed it nor watered when you locked it up, nor did you set it free to eat the insects of the earth."


Hadith Number 554.

Narrated by Sahl bin Sad (Radhi Allahu Anhu): Once a tumbler (full of milk or water) was brought to Allah's Messenger (Sallallahu Alayhi wa Sallam) who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present, and on his left side there were old men. The Prophet (Sallallahu Alayhi wa Sallam) asked, "O boy ! Do you allow me to give (the drink) to the elder people (first)?" The boy said, "I will not prefer anybody to have my share from you, O Allah's Messenger!" So, he gave it to the boy.


Hadith Number 555.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "By Him in Whose Hands my soul is, I will drive some people out from my (sacred) Fount on the Day of Resurrection as strange camels are expelled from a private trough."


Hadith Number 556.

Narrated by Ibn 'Abbas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "May Allah be merciful to the mother of Ismail! If she had left the water of Zam-Zam (fountain) as it was, (without constructing a basin for keeping the water), (or said, "If she had not taken handfuls of its water"), it would have been a flowing stream. Jurhum (an Arab tribe) came and asked her, 'May we settle at your dwelling?' She said, 'Yes, but you have no right to possess the water.' They agreed."


Hadith Number 557.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "There are three types of people whom Allah will neither talk to, nor look at, on the Day of Resurrection. They are:

1. A man who takes an oath falsely that he has been offered for his goods so much more than what he is given.
2. A man who takes a false oath after the 'Asr prayer in order to grab a Muslim's property.
3. A man who with-holds his superfluous water. Allah will say to him, "Today I will with-hold My Grace from you as you with-held the superfluity of what you had not created."


Hadith Number 558.

Narrated by As-Sab bin Jaththama: Allah's Messenger (Sallallahu Alayhi wa Sallam) said, “No Hima (*) except for Allah and His Messenger. (**) We have been told that Allah's Messenger (Sallallahu Alayhi wa Sallam) made a place called An-Naqi' as Hima, and 'Umar made Ash-Sharaf and Ar-Rabadha Hima (for grazing the animals of Zakat).

* Hima-The origin of this word is that when an Arab chief came to a certain place suitable for pasturing, he would let his dog bark at a high place. The area across which the sound of the dog spread would be a private pasture for the chief’s cattle, and nobody else would have the right to graze his cattle in it. So Hima mean’s a private pasture, originally belonging to nobody and nobody is allowed to cultivate it, but it is kept for grazing private animals. (Fath-al-Bari Vol 5 page 772)

** Allah Messenger (Sallallahu Alayhi wa Sallam) and the Muslim leaders only have the right o keep pastures of this sort, no individual has the right to keep Hima for his personal good as the Arabs used to do in the pre-Islamic period of Ignorance. (Fath-al-Bari Vol 5 page 772)

Hadith Number 559.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Keeping horses may be a source of reward to some (man), a shelter to another (i.e. means of earning one's living), or a burden to a third. (*) He to whom the horse will be a source of reward is the one who keeps it in Allah's cause (prepares it for holy battles) and ties it by a long rope in a pasture (or a garden). He will get a reward equal to what its long rope allows it to eat in the pasture or the garden, and if that horse breaks its rope and crosses one or two hills, then all its footsteps and its dung will be counted as good deeds for its owner; and if it passes by a river and drinks from it, then that will also be regarded as a good deed for its owner even if he has had no intention of watering it then. Horses are a shelter from poverty to the second person who keeps horses for earning his living so as not to ask others, and at the same time he gives Allah's right (i.e. Zakat) (from the wealth he earns through using them in trading etc.) and does not overburden them. He who keeps horses just out of pride and for showing off and as a means of harming the Muslims, his horses will be a source of sins to him." When Allah's Messenger (Sallallahu Alayhi wa Sallam) was asked about donkeys, he replied, "Nothing particular was revealed to me regarding them except the general unique verse which is applicable to everything: "Whoever does goodness equal to the weight of an atom (or small ant) shall see it (its reward) (on the Day of Resurrection.) (Surah Az-Zalzalah 99:7) (**) "


* Horses are kept as a means of conveyance or for commercial purposes. One may use them in the way that pleases Allah and gets a reward for his obedience, another may use them in disobeying Allah and is consequently punished, and still another may use them just for earning his living. (Qastalani Vol 4 page 206)

**This means that if one treats his donkeys kindly and does not overburden them, he will be rewarded for that in the Hereafter and if he does the opposite he will gain the fruit of his ill-behaviour. (Qastalani Vol 4 page 207)


Hadith Number 560.

Narrated by Zaid bin Khalid: A man came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and asked about Al-Luqata (a fallen thing). The Prophet (Sallallahu Alayhi wa Sallam) said, "Recognize its container and its tying material and then make a public announcement about it for one year and if its owner shows up, give it to him; otherwise use it as you like." The man said, "What about a lost sheep?" The Prophet (Sallallahu Alayhi wa Sallam) said, "It is for you, your brother or the wolf." (*) The man said "What about a lost camel?" The Prophet (Sallallahu Alayhi wa Sallam) said, "Why should you take it as it has got its water-container (its stomach) and its hooves and it can reach the places of water and can eat the trees till its owner finds it?"(**)

* It is for you, if its owner does not show up, or for its owner if he shows up, or for the wolf to eat if you leave it and its owner does not find it.

** The Prophet (Sallallahu Alayhi wa Sallam) forbids the man from taking the lost camel because it can stay in the desert for a long period without any danger. It is a well-provided traveler, it can reach its destination.

Hadith Number 561.

Narrated by Az-Zubair bin Al 'Awwam (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "No doubt, one had better take a rope (and cut) and tie a bundle of wood and sell it whereby Allah will keep his face away (from Hell-fire) rather than ask others who may give him or not."


Hadith Number 562.

Narrated by Abu Hurairah (Radhi Allahu Anhu) : Allah's Apostle said, "No doubt, you had better gather a bundle of wood and carry it on your back (and earn your living thereby) rather than ask somebody who may give you or not."


Hadith Number 563.

Narrated by Husain bin Ali (Radhi Allahu Anhuma): Ali bin Abi Talib (Radhi Allahu Anhu) said: "I got a she-camel as my share of the war booty on the day (of the battle) of Badr, and Allah's Messenger (Sallallahu Alayhi wa Sallam) gave me another she-camel. I let both of them kneel at the door of one of the Ansar, intending to carry Idhkhir on them to sell it and use its price for my wedding banquet on marrying Fatima. A goldsmith from Bam Qainqa' was with me. Hamza bin 'Abdul-Muttalib (Radhi Allahu Anhu) was in that house drinking wine and a lady singer was reciting: "O Hamza! (Kill) the (two) fat old she camels (and serve them to your guests)."

So Hamza (Radhi Allahu Anhu) took his sword and went towards the two she-camels and cut off their humps and opened their flanks and took a part of their livers." (I said to Ibn Shihab, "Did he take part of the humps?" He replied, "He cut off their humps and carried them away.") 'Ali (Radhi Allahu Anhu) further said, "When I saw that dreadful sight, I went to the Prophet (Sallallahu Alayhi wa Sallam) and told him the news. The Prophet (Sallallahu Alayhi wa Sallam) came out in the company of Zaid bin Haritha (Radhi Allahu Anhu) who was with him then, and I too went with them. He went to Hamza (Radhi Allahu Anhu) and spoke harshly to him. Hamza (Radhi Allahu Anhu) looked up and said, 'Aren't you only the slaves of my forefathers?' The Prophet (Sallallahu Alayhi wa Sallam) retreated and went out. This incident happened before the prohibition of drinking."

Hadith Number 564.

Narrated by Anas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) decided to grant a portion of (the uncultivated land of) Bahrain to the Ansar. The Ansar said, "(We will not accept it) till you give a similar portion to our emigrant brothers (from Quraish)." He said, "(O Ansar!) You will soon see people giving preference to others, so remain patient till you meet me (on the Day of Resurrection). (*)

* The prophecy was a sign of Allah’s Messengers (Sallallahu Alayhi wa Sallam) Prophethood. It came true that the Quraish kings had the source of wealth and power in their hands. The Prophet (Sallallahu Alayhi wa Sallam) tells the Ansar to be patient and wait for a great reward in the Hereafter as a compensation for the pleasures they would miss in this life.


Hadith Number 565.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "One of the rights of a she camel is that it should be milked at a place of water."


Hadith Number 566.

Narrated by Zaid bin Thabit (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) permitted selling the dates of the 'Araya for ready dates by estimating the amount of the former (as they are still on the trees).


Hadith Number 567.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) forbade the sales called Al-Mukhabara, Al-Muhaqala and Al-Muzabana (*) and the selling of fruits till they are free from blights. He forbade the selling of the fruits except for money, except the 'Araya.

* See the meanings Here


Hadith Number 568.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) allowed the sale of the dates of the 'Araya for ready dates by estimating the former which should be estimated as less than five Awsuq or five Awsuq. (Dawud, the sub-narrator is not sure as to the right amount.) (*)

* Since there is doubt about the limits of estimations, less than five Awsuq is regarded as the legal amount, five Awsuq or more is regarded as illegal.


Hadith Number 569.

Narrated by Rafi 'bin Khadij and Sahl bin Al Hathma (Radhi Allahu Anhu): Allah's Apostle Messenger (Sallallahu Alayhi wa Sallam) the sale of Muzabana, i.e. selling of fruits for fruits, except in the case of 'Araya; he allowed the owners of 'Araya such kind of sale.