partners to take from the water (87) of the river before its division anything to irrigate land at the beginning of the river or elsewhere, or if someone other than them desires that, it is not permissible; because they have become more entitled to the water flowing in their river than others, and because taking from the water may require acting upon the bank of the river which is owned by someone else, or is shared between him and others. If the water of this river overflows onto a person's property, it is permissible [to use], like a bird nesting on someone's property. All of this is the school of al-Shafi'i, which contains views similar to what we have mentioned.

Section: If they divide the water of the shared river by rotational turn (muhāyā'a), it is permissible if they reach an agreement and the right of each one of them is known, such as if they assign a day and a night to each portion, or more or less than that. If they divide the daytime, assigning to one the time from sunrise until the sun reaches its zenith (zawāl), and to another from the zenith until sunset, and similar, it is permissible. If they divide it by hours, and it is possible to verify that with something known—such as a perforated bowl left in the water, which has markings such that when the water reaches one mark it constitutes an hour, and when it reaches another it constitutes two hours; or a glass containing sand that descends from top to bottom in an hour or two, then he flips it so the sand returns to the position it was in for the same amount; or by the sun-dial (mīzān al-shams) through which the hours of the day are known, or by the lunar mansions (manāzil al-qamar) at night, and similar—it is permissible. So, when the water is obtained by one of them during his turn, if he wants to irrigate with it land that has no customary right of irrigation from this, or to favor someone with it, or lend it to him, in a manner that does not involve disposing of the river bank, it is permissible. According to the view of the Qadi and the companions of al-Shafi'i, it should not be permissible, for reasons previously mentioned regarding such cases. If the owner of the turn wishes to run with his water other water he possesses, to irrigate his land that has a customary right of irrigation from this river, or another land of his, or if a person asks him to run water belonging to him along with his own water in this river, in order to share it at another location in a manner that does not harm the river nor anyone else, that is permissible according to the analogy of the school of our companions; for they said regarding one who rented land: it is permissible for him to run water into it in an excavated river, if it is located within it. And because he is