A right to
water cannot
be configned
as a dower;
or given as a
confideration
for K b o ila ,—
or in collipo«
fition for a
claim;
©r fold »(without
ground,)
to difcharge
the debts of a
defundl:—
(mode to be
purfued in
this laft infiance.)
lie is not liable to make compenfation for i t ;— and thefe feveral deeds
being void, a legacy for any of thefe purpofes is alfo void.
A right to water is incapable o f being affigned as a fpecific
dower in a contrail of marriage; wherefore i f fuch be mentioned
in a marriage contrail, a Mihr-Mijl, or proper dower, is due. In
the fame manner, alfo, it cannot be given as a confideration for
Khoola;— whence, i f a wife bargain for her divorce, in confideration
o f her making over fuch right, the hufband may reftore it to
her, and, in lieu of it, take from her the dower he had affigned
her on their marriage. T h e ground on which the law in thefe cafes
proceeds is, that a right to water is a matter the extent o f which
cannot be afcertained with any precifion.
A right to water is incapable o f being given in compofition for
a claim ; for as it cannot, by means of any deed whatever, be rendered
property, a compofition in confideration of it is confequently
null.
A right to water, without ground, cannot be fold after the
death o f any perfon to difcharge his debts,— in the fame manner as
it cannot be fold during his lifetime. What, then, fhall the Imam
do, in this cafe, towards fettling the debt of the deceafed?— This
queftion has given rife to a diverfity of opinions; but the mofl ad-
vifeable method of proceeding, in fuch an inftance, is to join the
right to the lands of another perfon not pofleffing fuch right, and
then, with his confent, to difpofe of both ;— when, computing how
much the value of the lands has been increafed by the addition of the
right, he may apply the difference towards paying off the debts of the
deceafed. I f he be not able to procure land in this manner, he may
buy a piece of land, payable from the effects of the deceafed, and,
having joined it to the right, fell them together; when, with the
price
price fo obtained, he muff firft difcharge the purchafe-money of the
land, and then apply the refidue to difcharging the debts of the
deceafed.
If a perfon, having moiftened his lands, or filled them with Any accident
water, fhould by that means overflow the lands o f his neighbour, he of the water,
is not, in fuch cafe, liable to make a compenfation, as he was not refpon-
guilty of any tranfgreffiom Ability.
V ol. IV . X H E B A Y A .