Water may
alfo be carried
away for
the purpofe
of ablution,
or for watering
trees or
parterres.
allowable to contend with a flick ; for the pofleffor is guilty of an offence
in refilling the water; and the application of a flick is a fubftitute
for correction.
It is lawful for men to carry away water from a rivulet to perform
their ablutions, or to w’afh their garments.— This is approved;
becaufe, to defire men to purify themfelves, or to wafli their garments
with fuch water, without carrying it away, (as mentioned by
fome,) would be attended with much inconvenience. — If, alfo, a
perfon be inclined to water the trees or fmall parterre before his
houfe, he may lawfully carry away water for that purpofe from the
rivulet of another; for the law allows great liberty in the cafe of
water, and confiders the refufal of it as truly opprobrious.— A perfon
is not, however, allowed to carry away water either from the rivulet,
well, or aqueduct of another, for the ufe of his orchard or
fields, unlefs he be exprefsly permitted fo to do ; and the proprietor
may prohibit him from i t ; becaufe when water is pofl’efled in joint
property, none but the proprietors have any right to the ufe of it,
as otherwife their right would be defeated.— Still, however, the
proprietor of the river may, if he choofe, either give or lend the
water of it to another, becaufe it is his property, and becaufe the gift
of fuch is cuftomary; in the fame manner as holds with refpeCt to
water preferved in veffels.
SECT.
S E C T . II.
O f digging or clearing R i v e r s * .
R ivers are of three kinds.— I. Such as are not the property of
any; and of which the waters have not been divided, like the Tigris,
Euphrates, &c.— II. Such as, being appropriated and divided, are at
the fame time public rivers, in which boats fail.— III. Rivers that are
held in property, and divided; and are alfo private, in which no boats
fail.— In the firft kind of rivers, if the river fill up fo as to require
digging, the care thereof devolves upon the chief f , who is to defray
the charges of it from the public treafury; for as the work is performed
for the advantage of the Mujfulman community, the expence
attending it muft be defrayed fr<5m the property of the community:—
thofe expences muft, however, be diiburfed from the funds of tribute
and capitation-tax, and not from thofe of tithe and alms; for the latter
are appropriated folely to the ufe of the poor, whereas the former are
intended as a provifion to anfwer contingencies.— I f there be not any
[ money in the public treafury, the chief is in that cafe at liberty, with
a view to promote the public utility, to compel the people to repair
the damage in queftion, as it is prefumed they would not of themfelves
apply to the work,— whence it was that Omar Farook faid to
the people, “ Were I to leave you to your own direction,, without ever
ujing compulfion, verily, mailers would come to fuch a pafs that you
ic would even fe ll your children• — None, however, muft be com-
* Arab. Nihr.— lt is a term of very general application, fignifying not only rivers properly
fo called, but alfo canals, or any other fpecies of aqueduS conftruded by art.
t Arab. Water, meaning, generally, the governor of a province or diftrict.
c pelled
R iv e r s are of
three defcrip-
tions.
Great public
rivers muft be
cleared and
repaired at
the expence
of the public
treafury;
or by a general
con tribu«
tion of labour;