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Text and translation
English translation
1271. Abū Al-Minhāl narrated from Iyās bin 'Abd Al-Muzanī who said: "The Prophet ﷺ prohibited selling water." (Ṣaḥīḥ)
[He said:] There are narrations on this topic from Jābir, Buhaisah from her father, Abū Hurairah, 'Āishah, Anas, and 'Abdullāh bin 'Amr.
[Abū 'Eisā said:] The Hadīth of Iyās is a Ḥasan Ṣaḥīḥ Hadīth. This is acted upon according to most of the people of knowledge; they dislike selling water. This is the view of Ibn Al-Mubārak, Ash-Shāfi'ī, Aḥmad and Ishāq. Some of the people of knowledge permitted selling water, Al-Ḥasan Al-Baṣrī is one of them.
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Commentary
Some of the scholars, in the context of this narration have taken the word 'water' in its entirety to mean water of all kinds, and in all senses, and they have prohibited its sale. According to Ibn Hazm and Imām Shawkānī, sale of water is unlawful. The correct sense of the word 'water' in this narration
seems to be the water which is free for all, and no one has to toil for bringing it up to the place of use. But the water brought from far off places by rented transport or by other means with an expenditure on it, can be sold. (For details see Nayl Al-Awtār v. 5. p. 259.)
