Section: If the river or canal is shared among a group, and they wish to dredge it, close a breach in it, repair its wall, or anything similar, this is upon them according to their share of ownership in it. If some of them are closer to its beginning than others, all shall participate in dredging and repairing it until they reach the first [user], then there is no obligation upon the first. The remainder shall continue to participate until they reach the second, and then whoever is after him shall participate likewise. Whenever the work concludes at the location of one of them, there is nothing upon him regarding what lies beyond it. Al-Shafi'i held this opinion, and it has been narrated from Abu Hanifah. Abu Yusuf and Muhammad said: They all participate in the dredging of its entire length because they benefit from the entirety of it, for that which goes beyond the first is a drainage point for its water, even if it does not irrigate his land. Our position is that the first [user] only benefits from the water at the location of his consumption, and what lies beyond it is exclusively for the use of those other than him; therefore, he does not share in its maintenance just as he does not share in its benefit. However, if there is water surplus to all of them that requires a channel, then the maintenance of that channel is upon all of them because they share in the need for it and the benefit from it, so its maintenance is upon them all, just like its beginning.

915 - Issue: He said: "And bringing land to life (ihya') is by enclosing it with a wall."

The apparent meaning of the words of al-Khiraqi is that enclosing the land is bringing it to life, whether he intends it for building, planting, or as a pen for sheep, wood, or other things. Ahmad stated this explicitly in a narration by Ali ibn Sa'id, saying: "Bringing to life is to enclose it with a wall, or to dig a well or a river in it." It is not required for this to be roofed. This is based on what al-Hasan narrated from Samurah, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever encloses a wall around land, it is his." Narrated by Abu Dawud and Imam Ahmad in his Musnad (1). Something similar is narrated from Jabir from the Prophet (peace and blessings of Allah be upon him) (2). This is because a wall is a strong barrier, so it constitutes bringing to life, similar to if he made it a pen for sheep. This clarifies that the specific intention is not taken into account.