entitled to the benefit of the river during his turn by running the water, so it is similar to if he had rented it for that purpose.

Section: The second division is that the source of the water is owned, such as if a group partners together in discovering a spring and causing it to flow; they own it as well, because that constitutes bringing it to life (ihya'). They share in it and in its channel according to what they spent on it and worked on it, as we have mentioned [regarding the river] (88) in the section preceding this one, except that the water there is not owned because it is permissible water that entered his property, similar to if game entered his garden. Here, it is derived from two narrations; the most correct of them is that it is also not owned. We have already mentioned that. In any case, every person may draw from the flowing water for his drinking, ablution, bathing, and washing of his clothes, and benefit from it in similar ways that do not diminish it, without the owner's permission, provided he does not enter a place enclosed for it. It is not permissible for its owner to prevent this, because Abu Hurayrah narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: "There are three whom Allah will not look at, nor will He purify them, and for them is a painful punishment: a man who has surplus water on a path and denies it to the wayfarer." Narrated by al-Bukhari (89). Also, from Buhaysah (90), from her father, that he said: O Prophet of Allah, what is the thing that it is not permissible to deny? He said: "Water." He said: O Prophet of Allah, what is the thing that it is not permissible to deny? He said: "Salt." He said: O Prophet of Allah, what is the thing that it is not permissible to deny? He said: "Doing good is better for you." Narrated by Abu Dawud (91). And because this does not diminish it (92) according to custom, and it is surplus to the need of the river owner. As for what does diminish it, such as watering many livestock and similar, if the water is surplus to the need of its owner, he is obligated to grant it for that; if it is not surplus, he is not obligated. We have mentioned this in other than this place.