Easements and neighbor rights

The hima: the easement of the reserved pasture

The Prophet (peace and blessings of Allah be upon him) reserved a pasture for the mounts and beasts of collection, a privilege proper to his office. On the caliphs: Shafiites in one view refuse it, per « there is no reserve save for Allah and His Messenger » (al-Bukhari 2241); the majority (Hanafis, Malikis, Shafiites in the most apparent view, Hanbalis) admit it for the Muslims' benefit: pasture of the jihad horses, zakat beasts and weak animals, without harming people. Abu Bakr reserved al-Rabadhah, Umar the region of al-Sharaf and wrote to his agent: « Fold your wing before the people, fear the oppressed person's invocation; let the small flock in, and keep out the flocks of the rich: if they lose their beasts, they return to their palms and fields » (reported by Malik in the Muwatta). Uthman developed his pasture with none objecting.

The deputies in charge of the easement and their remuneration

Malikis and Shafiites in the soundest view grant the delegated governor the same right of reserve as the imam; al-Mawardi requires the imam's permission, save necessity for the zakat beasts. an-Nawawi rules: neither the imam nor his deputies may take payment for grazing in the reserve or dead land. Water, herbage and fire remain common among people, a rule the scholars agree on.

Servitudes and dependencies of habitation

Agreement without reported disagreement: the paths, water run-offs, refuse spots and defence grounds of a habitation may neither be developed nor appropriated; Ibn Qudama excludes them without restriction, and Ibn Rushd measures land far from habitation by the reach of grazing and wood-gathering. Herbage grown on owned land: Abu Hanifa makes it no property, al-Shafii attaches it to the soil, Ahmad has two narrations, Malik attaches it to the owner if the land is walled.

Surplus water and neighbor rights

Malik: the owner of a well or river in the open must give freely the surplus beyond his needs; inside his walled property, he owes it only if the neighbour's well collapsed. Abu Hanifa and al-Shafii's companions: drinking water for men and beasts is owed without price, irrigation may be paid, the free gift being better; Ahmad has two narrations, the more apparent imposing the free gift for drinking and travel.