Section: If one wishes to convey water through the land of another without a necessity, it is not permissible except with his permission. If it is for a necessity—such as one possessing land for cultivation that has water with no route to it except through his neighbor's land—is he permitted to do so? There are two narrations. The first is: [it is not permissible], because he is disposing of another's land without his permission, so it is not permissible, just as if no necessity called for it; and because such a need does not render the property of another lawful, as evidenced by the fact that it is not permitted for him to cultivate, build, or utilize any of the benefits of another's land that were forbidden to him before this need arose. The second is: it is permissible, based on what was narrated that al-Dahhak ibn Khalifah diverted a channel from al-Arid, and he wanted to pass it through the land of Muhammad ibn Maslamah, but he refused. Al-Dahhak said to him: "Why do you forbid me when it is a benefit to you? You drink from it first and last, and it does not harm you." But Muhammad refused. So al-Dahhak spoke to Umar about it, who then summoned Muhammad ibn Maslamah and ordered him to clear his path. Muhammad said: "No, by Allah." Umar said to him: "Why do you forbid your brother [what benefits him], when it is beneficial to you, as you drink from it first and last?" Muhammad said: "No, by Allah." Umar said: "By Allah, it shall pass through it, even if it be over your stomach." So Umar ordered him to let it pass, and he did so. It was narrated by Malik in his "Muwatta" and by Sa'id in his "Sunan." The first is more consistent with analogy (qiyas), and the statement of Umar is contradicted by the statement of Muhammad ibn Maslamah, which is in accordance with the fundamental principles, and is therefore more appropriate.

Section: If one reconciles with a man to irrigate his land from the man's river for a day or two, or from his spring, and he measures it by something known, the Qadi said: It is not permissible, because the water is not owned, and it is not permissible to sell it, so it is not permissible to reconcile over it, and because it is unknown. He said: If he reconciles with him over a share of the spring or