Is it permissible to sell water taken from a river or an unowned well, or to suffice with merely the pump's rental fee? And is it permissible to rent a well to sell its water?
Water in Islamic law is divided into two categories: that which can be owned and sold, and that which is public and cannot be owned or sold. These are four types:
1. Water stored in special containers: This is water that its owner collects in vessels such as "jars, cisterns, and pipes." This is private property for whoever collected it, and it is permissible to sell and dispose of it. 2. Water from springs, wells, and basins: This is water that a person extracts for themselves. According to the Hanafis, it is permissible (mubah), and the owner has a special right to it but does not own it. As for the Shafi'is, the most sound opinion among them is that a person owns it if they dig a well in barren land for the purpose of ownership or in private property. The owner is not obliged to give away what exceeds their need for crops and trees, but they must give away the surplus beyond their own drinking needs and the needs of their livestock and crops, for the drinking of other human beings and their livestock. 3. Water from private rivers: This is water from small rivers and streams owned by certain individuals. Everyone has the right to utilize it for themselves and their animals, but they are not permitted to irrigate their crops and trees without the owner's permission. The Hanafis do not permit selling the right to drink separately, while the Malikis, Shafi'is, and Hanbalis permit selling owned water independently of the land, provided it is measured by volume or weight. 4. Water from public rivers: This is water that flows in public channels not owned by anyone, such as "the Nile, Tigris, and Euphrates." No one owns it; rather, it is a right for the community, and every individual has the right to benefit from it.
Accordingly, if water drawn from a river or a well that is not owned by anyone is stored in tanks or containers, it is permissible to sell it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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