Since 'Ad existed in the early times and left traces upon the land, everything ancient was attributed to them. Thus, everyone who digs a well in barren land (mawat) for the purpose of ownership shall have a protected perimeter (harim) of twenty-five cubits on every side. Whoever arrives first at an ancient well has a better right to it, according to the statement of the Prophet (peace and blessings of Allah be upon him): "Whoever arrives first at something to which no Muslim has arrived before, it is for him." (1) He shall have a protected perimeter of fifty cubits on every side. Ahmad specified this in the narration of Harb and Abdullah, and most of our companions chose it. Al-Qadi and Abu al-Khattab said: "This is not by way of strict limitation; rather, the protected perimeter is, in reality, what is needed to raise the water from it. If it is by a pulley (dulab), then it is the extent of the rotation (2) of the ox or other animal. If it is by a water channel (saqiya), (3) then it is the length of the well, due to what was narrated from the Prophet (peace and blessings of Allah be upon him), that he said: "The protected perimeter of a well is the length of its rope (risha')." It was recorded by Ibn Majah. (4) Furthermore, it is the space where the beast walks to it. If one draws water from it by hand, it is to the extent needed by the person standing at it. If the extracted feature is a spring, then its protected perimeter is the extent needed by its owner to benefit from it, and no one should be harmed by his taking from it, even at a distance of one thousand cubits. The protected perimeter of a river (5) from both its sides is what is needed for dumping its dredged silt (kiraya) according to custom; for this was established only for the sake of necessity, so only that necessity should be observed. Abu Hanifa said: "The protected perimeter of a well is forty cubits, and the protected perimeter of a spring is five hundred cubits," because Abu Hurayra narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "The protected perimeter of a well is forty cubits for the watering troughs of camels and sheep." The same was narrated from al-Sha'bi, and Abu 'Ubayd recorded it. (6) Our evidence is what al-Daraqutni recorded (7)
(1) Its verification preceded on page 152. (2) In B and M: "madd". (3) Perhaps what is in the original is: "saniya" (a water-drawing camel). (4) In: The Chapter of the Protected Perimeter of the Well, from the Book of Pledges. Sunan Ibn Majah 2/831. (5) In B and M: "the well", and what is fixed in the original is the correct reading, and it corresponds to "its dredged silt" that follows, which is what is removed from the excavation of the river. (6) In: The Chapter of Bringing Land to Life and Enclosing it..., from the Book of Wealth (al-Amwal) by Abu 'Ubayd, 291. It was also recorded by Imam Ahmad in: Al-Musnad 2/494. (7) Recorded by al-Daraqutni in the Book of Judgments (al-Aqdiya). Sunan al-Daraqutni 4/220.