scholars, for the Prophet—peace and blessings of Allah be upon him—said: "For one of you to take a rope and gather a bundle of firewood, then sell it, by which Allah preserves his dignity, is better for him than asking people, whether they give him or refuse him." Narrated by al-Bukhari (32). Abu Ubayd narrated in "al-Amwal" (33), from the elders, that the Prophet—peace and blessings of Allah be upon him—forbade the sale of water except that which is carried from it. Based on this, the custom has proceeded in the cities regarding the sale of water in water-skins, firewood, and herbage, without any objection, and no one may drink from it, perform ablution with it, or take from it except with the permission of its owner. Likewise, if he stands over his well or a permissible well and draws water with his bucket, or a wheel or the like, then whatever water he draws up is his property, and he has the right to sell it because he became the owner of it by taking it into his vessel. Ahmad said: "Only the sale of the surplus of well and spring water while it is in its place is prohibited." It is permissible to sell the well itself, as well as the spring, and its purchaser is more entitled to its water. It has been narrated that the Prophet—peace and blessings of Allah be upon him—said: "Whoever buys the well of Rumah (34), making it easy for the Muslims, will have Paradise," or as he said. So Uthman ibn Affan, may Allah be pleased with him, bought it from a Jew by the command of the Prophet—peace and blessings of Allah be upon him—and made it an endowment for the Muslims, while the Jew (35) was selling its water (36). It was narrated that Uthman bought from him (37) half of it for twelve thousand, then the Jew said: "Choose, either you take it for a day and I take it for a day (38), or we set a bucket for you over it, and I set a bucket over it." So he chose [to take it] a day for a day, and the people would draw water from it on Uthman's day for two days, then the
(32) In: The Chapter on a Man's Earning and His Work with His Hands, from the Book of Sales; and in: The Chapter on the Sale of Firewood and Herbage, from the Book of Irrigation. Sahih al-Bukhari 3/75, 149. (33) In: The Chapter on the Protection of Land Containing Herbage and Water, from the Book of Lands..., al-Amwal 302. (34) Rumah: A land in Medina between al-Jurf and Zu'abah, where the polytheists camped during the Year of the Trench, and the well of Rumah is located there. Mu'jam al-Buldan 2/873. (35) Omitted from: The original. (36) Narrated by al-Bukhari as a hanging report (ta'liq), in: The Chapter on Drinking and Whoever Viewed the Charity and Gift of Water, from the Book of Irrigation. Sahih al-Bukhari 3/144. And al-Tirmidhi, in: The Chapter on the Virtues of Uthman..., from the Chapters on Virtues. Aridat al-Ahwadhi 13/157. (37) Omitted from: The original. (38) In the original: "from it".