Hadithcore
Sahih Muslim, 1565 a
sahih

Jabir b. 'Abdullah (, Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade the sale of excess water.

وَحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، أَخْبَرَنَا وَكِيعٌ، ح وَحَدَّثَنِي مُحَمَّدُ بْنُ حَاتِمٍ، حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ، جَمِيعًا عَنِ ابْنِ جُرَيْجٍ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ فَضْلِ الْمَاءِ ‏.‏

Isnad

7 transmitters
  1. 1Abu Bakr bin Abi ShaybaKufa · d. ~235 AH
  2. 2Waki' bin al-JarrahKufa · d. ~197 AH
  3. 3Muhammad bin Hatm bin SulaimanKhurasan · d. 246 AH
  4. 4Yahya bin Sa'id al-AnsariMedina · d. 144 AH or after
  5. 5Ibn JurayjRome,Makkah · d. 150 AH or after
  6. 6Muhammad bin Muslim bin TadrasMakkah · d. 126 AH
  7. 7Jabir ibn 'AbdullahMedinah/Baghdad/Egypt/Damascus · d. ~78 AH/687 CE
References2 variants
In-Book Reference
Book 22, Hadith 43
USC-MSA web (English) reference
Book 10, Hadith 3798 (deprecated numbering scheme)
Sharh · explanationclick to expand
There are some natural resources that man cannot dispense with and that are beneficial for all people. If such resources are unavailable, man will perish. Hence, they have been made common among Muslims. Moreover, one may possess what others cannot dispense with, and he may possess something without exerting effort, something that Allah has bestowed upon him, and it could exceed his need, and giving out this surplus is a manifestation of noble morals. In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade the selling of a camel's copulation. In a version by Al-Bukhāri, Ibn Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) forbade the stud fees of a stallion," which is the fee taken for the copulation of a male animal, whether a horse, camel, ram, etc. Its form: When someone gives his stud to someone else who owns females and keeps it with him until the stud mates with the females for a fee in return, or when the owner of the females brings them to the owner of the stud and leaves them with him. The Prophet (may Allah's peace and blessings be upon him) forbade this. It is said that because it is ambiguous and uncertain whether it will be of benefit or not and whether the female will or will not be inseminated, it is presumable and involves uncertainty. Or the prohibition could be interpreted as a way of encouraging noble morals and recommending lending it without a return so animals would reproduce abundantly. This is something that Muslims should be willing to grant each other because it is one type of simple assistance that leads to the dominance of the spirit of cooperation and solidarity among people. In the Hadīth of Anas ibn Mālik (may Allah be pleased with him) in At-Tirmidhi Collection, he reported: The Prophet (may Allah's peace and blessings be upon him) granted a concession in the honorarium, i.e., the Prophet (may Allah's peace and blessings be upon him) permitted the acceptance of a gift given by the female owner as an honorarium, not as a compensation. He also forbade selling water. It is said: The prohibition is general, as water should not be sold to Muslims given the fact that it is from their life necessities. In another version by Muslim, the prohibition has to do with "selling excess water," which is the water exceeding the need of the well owner, his children, cattle, and crops. In the two Sahīh Collections, Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Do not withhold excess water to prevent thereby excess herbage," which is the grass. This means: When a man owns a well in the desert and it has water that exceeds his needs and there is grass that has no other source of water except this water, the cattle owner cannot graze it unless they are watered from this well, in this case, it is unlawful for him to withhold this excess water from the cattle and he has to give it out without compensation. The Prophet (may Allah's peace and blessings be upon him) forbade land for cultivation, i.e., leasing it for cultivation. This is when a man gives his land to someone to cultivate in return for taking a share of his produce. This has many forms, as the Companions used to cultivate the land in return for one-third, one-fourth, or half its fruits during the lifetime of the Prophet (may Allah's peace and blessings be upon him). In the two Sahīh Collections and Musnad of Ahmad Collection - and this is the wording of Ahmad - Hanzhalah ibn Qays reported that Rāfi‘ ibn Khadīj said: "The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing farms. He said: I said: Even if it is in return for gold and silver? He said: No, but he forbade it in return for part of its produce, but in return for gold and silver, there is no harm in it." In a version by Muslim: "As for something known and guaranteed, there is nothing wrong with it." This Hadīth indicates that what the Prophet (may Allah's peace and blessings be upon him) has forbidden was something clearly evil, namely the unfair and unjust Muzāra‘ah (sharecropping). This is why he prohibited it; however, there is nothing wrong with something known and guaranteed in dinar and dirham, as mentioned in the Hadīths and narrations. The Hadīth encourages the act of giving excess water for free without demanding compensation..
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