the haram, and it becomes difficult to exercise precaution (wara') regarding the entire amount, unlike in the case of a small amount, where it is easy to dispose of it all. The obligatory action in both cases is to dispose of an amount equivalent to the haram, and the remainder is permissible for him. This is because its prohibition was not due to the prohibition of its essence, but rather it was prohibited because of the rights of others attached to it. So, when he removes its equivalent, the prohibition is removed from it, just as if its owner were present and satisfied with its compensation, whether the amount is small or large. Precaution consists of removing what one is certain represents the removal of the essence (60) of the haram, and this is not achieved except by removing everything. However, since that is difficult in cases of large amounts, it is waived due to the hardship involved, and one is restricted to what is obligatory. This varies according to people; some may possess only a small amount of dirhams, making it difficult for them to give them away due to their need for them, while others may possess a large amount of wealth, so they have no need for them, making it easy to give them away.

Section: We have previously mentioned that [the apparent view of the madhhab] (62) is that it is not permissible to sell any 'idd (64) water—such as water from springs and the seepage of a well in its place—before it is secured in its container, nor [is it permissible to sell] fodder in its place before it is taken into possession. According to this view, whenever one sells land that contains fodder or water, the seller has no right to it. We have also mentioned another narration stating that such things are owned property and it is permissible to sell them. According to this narration, if one sells the land and mentions the water and fodder in the sale, they are included. If he does not mention them, the existing water and fodder belong to the seller because they are akin to crops in the ground. Water is an independent source, so it is like food in a house; whatever is renewed after the sale belongs to the buyer. According to this narration, if one sells a known number of measures (asu') of this water, it is permissible because it is like a pile of grain. If he sells all the water of the well, it is not permissible because it would mix with other things. If he sells a certain number of measures of flowing river water, it is not permissible, because that water passes away and other water comes in its place.