in his "al-Muwatta" (69) from al-Zuhri, from ‘Urwah, from ‘Abdullah ibn al-Zubayr. ‘Abd al-Razzaq (69) also recorded it from him, from Ma‘mar, from al-Zuhri, who said: We examined the saying of the Prophet (may Allah bless him and grant him peace): "Then retain the water until it reaches the jadr." This meant up to the two ankles (al-ka‘bayn). Abu ‘Ubayd said: al-Shiraj is the plural of sharj, and al-sharj is a small river; al-harra is land covered with black stones; and al-jadr is the wall. The Prophet (may Allah bless him and grant him peace) only commanded al-Zubayr to irrigate and then release the water as a gesture of ease for others, but when the Ansari said what he said, the Prophet (may Allah bless him and grant him peace) upheld al-Zubayr's right in full. Malik also recorded in "al-Muwatta'" (70), from ‘Abdullah ibn Abi Bakr ibn Hazm, that it reached him that the Messenger of Allah (may Allah bless him and grant him peace) said regarding the torrents of Mahzur and Mudhaynib: "It is retained until the ankles, then the upper [land owner] releases it to the lower." Ibn ‘Abd al-Barr said: This is a Medinan hadith, famous among the people of Medina and practiced by them. ‘Abd al-Malik ibn Habib said: Mahzur and Mudhaynib are two valleys of the valleys of Medina that flow with rain, and the owners of the orchards compete over their water. Abu Dawud (71) recorded with his chain of transmission from Tha‘labah ibn Abi Malik that he heard their elders mentioning that a man from Quraysh had a share in [the tribe of] Banu Qurayza, so he disputed before the Messenger of Allah (may Allah bless him and grant him peace) regarding the torrent of Mahzur and the torrent whose water they were dividing. The Messenger of Allah (may Allah bless him and grant him peace) judged between them that the water [level] is up to the ankles, and the upper [land owner] shall not retain it to the detriment of the lower. And because whoever has land close to the mouth of the river is earlier to the water, they are more deserving of it, like one who is earlier to the watering place.
= As it was also recorded by Abu Dawud, in: The Chapter on types of judgments, from the Book of Judicial Decisions (al-Aqdiya). Sunan Abi Dawud 2/283, 284. Al-Tirmidhi, in: The Chapter on what has been reported regarding two men where one of them is below the other in the water, from the Chapters on Rulings, ‘Aridat al-Ahwadhi 6/119, 120. Al-Nasa'i, in: The Chapter on the concession for a fair judge to judge while he is angry, and the Chapter on the judge’s signal for gentleness, from the Book of Judges. al-Mujtaba 8/209, 215. Ibn Majah, in: The Chapter on venerating the hadith of the Messenger of Allah..., from the Introduction, and in: The Chapter on drinking from valleys and the amount of water to be retained, from the Book of Pledges (al-Ruhun). Sunan Ibn Majah 1/7, 8, 2/829. And Imam Ahmad, in: al-Musnad 4/5. (69) We did not find it in al-Muwatta', nor in the Musannaf of ‘Abd al-Razzaq. (70) In: The Chapter on judgment concerning waters, from the Book of Judicial Decisions (al-Aqdiya). al-Muwatta' 2/744. (71) In: The Chapter on types of judgments, from the Book of Judicial Decisions (al-Aqdiya). Sunan Abi Dawud 2/284.
