ten holes; the owner of the two-fifths receives four which pour into his canal, and each of the other two receives three which pour into their respective canals (78). If the river belongs to ten people, and five of them own land close to the beginning of the river, and five own distant land, five (79) holes are made for the owners of the nearby land, with one hole for each (80), and five holes are made for the others, which flow in the river until they reach their land, and are then divided among them in another division. If one of them wishes to run his water through another's canal in order to divide it at a different location, it is not permissible except with his consent, because he is acting upon the other's canal, damaging its bank without permission, and mixing his right with the right of another in a way that cannot be distinguished; therefore, that is not permissible. It follows from our position—that water is not owned—that the ruling on water in this river is the same as the ruling on water in a non-owned river, and that the one who arrives first has a greater right to irrigate from it, followed by the one next in line, according to what we have mentioned, because it is not owned, so the one who reaches it first has a greater right to it, just as if it were in a non-owned river. The school of al-Shafi'i in this entire section is similar to what we have mentioned.

Section: When a person's share is obtained in his canal (81), he may irrigate with it whatever land he wishes, whether or not it has a customary right of irrigation from this river. He may also give it to someone else to irrigate with. The Qadi and the Shafi'i scholars said: He does not have the right to irrigate land that has no customary right of irrigation in (82) this water, because that indicates that it has a share (83) of this water, so the irrigation of it from this water might be taken as evidence of its entitlement to it, thereby harming the partners. This becomes like the case where a person has a house with a door in a dead-end alley, and another house with a door in a different alley, with their backs touching; if he wanted to make a passage between one and the other, it would not be permitted because he would be creating for himself a right of way from each