134 C U L T I V A T I O N o f B ook X L V .
the water may be conduced from the fountain; another for a refer-
voir wherein the water may be colledled; and a third for conveying
the water from the refervoir to moiften the lands for cultivation. A
confiderable fpace is therefore required; which is determined at five
hundred yards, by the tradition; and this, according to the mod authentic
opinions, means five hundred yards on each fide of the fountain
; the yarft meafuring fix fpans.— (Some have faid that the annexation
of five hundred yards to a fountain is only in the country of
Arabia, where the foil is hard; but that in our country, where it is
loft, a larger extent is required, as otherwife the water of one fountain
might tranfude through the earth and communicate with that of
another.)
within the
limits of
which no
other perfon
is entitled to
digi
If a perfon attempt to dig a well within the limits of the proprietor
o f another well, in that cafe the other may prohibit him; becaufe the
limits of his well are his property, (as has been explained,) and therefore
none has a right to. encroach upon , them. If, alfo, a perfon
Ihould actually dig a well within the limits of another, the firft proprietor
has in that cafe the option either of filling it up himfelf gra-
tuitoufly, or of forcing the other fo to do.— Some have faid that, in
this cafe, the firft proprietor is to take a compenfation for the damage
from the other, and then to fill up the well himfelf;— in the fame
manner as where a. perfon deftroj s a wall the property of another, in
which cafe he muft make reparation to the proprietor, who muft re-
build it himfelf. This is approved., It is related in K h a ff'% treatife
upon the duties of a Kazee, that the damage, in this inftanee, muft be
computed by a comparifon of the value the firft well bore before the
Other was dug, with what it bears afterwards; the difference fhewing
the lofs fuflaincd.
or, if any do T here igj no refponfibility for any thing which may happen, to be
ftonfibie for deftroyed by falling into the firft of the two wells, as the proprietor,
fuch acci- ;n digging it, was not guilty of any trefpafs.— This is evident, in the
3 opinion
opinion o f Haneefa, i f he dug it with the confent of thé Imam ; and
alfo in the opinion of the two difciples, whether it Was done with the
confent of the Imam or not ;— according to Haneefa, becâufe the dig-»
ging óf a well, in this irtftance, was the fame as the fetting of marks1,
which may be done without the confent of the Imam, although the
property cannot be acquired without his permiffion.— If, on the contrary,
any thing be deftroyed by falling into the fécond well, it muft
be atoned for, as the proprietor óf this well has been guilty of a trefpafs
in having dug upon the property of another. If, on the other
hand, a perfón dig a Well bordering on the preciinSs of another, without
however encroaching upon it, and the water of that other fhould
then decreafe, he is-not liable to make any compenfation, as he is not
here guilty of any tranfgreffion.— In this laft cafe, moreover, the
fécond digger is entitled only to the ground on three fides of his
well, as the ground on the fide of the firft well is the property of the
firft digger..
W h o e v e r digs a channel * for conducting- water to any place,
has a fpace annexed to it, according to his-want. It is related by Mohammed
that an aqueduct is the fame as a well, fo. far as regards the
annexing of land to it.— Some fay that this is the doctrine o f the two
difciples ; but that,, according to Haneefa, no fpace is allowed, except
when, the water appears above ground; for as» an aquedudt is in fa£t'
merely a rivulet, it is therefore fubjedt to the fame rules. Several1
doctors have, however,, maintained that when an aquedudt appears1
above ground, it is then conftdered! ifi the fame1 light as a fpring or
fountain; and that confequently the fame qu&ntity ó f land is annexed:
to it , namely, five hundred yards.
W a perfbn plant a tree in a wafte fpot o f land, he is entitled to
Arab. Kanin. Perf. Karttz, It is generally underftoed to mean a fuitimmnut
cquidua or drain,
a fmall
dents as it
may océafion*
A fpace is
alfo appropriated
to a
water-courfé
or to a tres .