Wells in Islam (Biʾr - بئر‎)

Introduction

Wells, known as biʾr (بئر‎) in Arabic and בְּאֵר (Beʾēr) in Hebrew, have significant cultural and religious importance in Islamic tradition. Besides their practical utility, wells are deeply integrated into Islamic legal discourse (Fiqh), particularly concerning communal resources and public welfare.

Etymology and Translations

• Arabic: biʾr (بئر‎)
• Plural: abʾār
• Hebrew: בְּאֵר (Beʾēr)
• Turkish: kuyu

Importance in Islamic Law

Public Utility and Ownership

The jurisprudential rulings concerning wells emphasize their role as public utilities. The rights associated with wells differ based on various scholarly opinions:

• Imām Muḥammad: Maintains that when a person digs a well for public use, his right ceases as soon as people start using the well.
• Imām Abū Ḥanīfah: Argues that the well does not become common property until a decree is issued by magistrates.

Reference: Hidāyah, vol. ii, p. 357.

Wells in Public Spaces

If a well is dug in a location where it is not permitted, such as a high road, the person who digs it is liable for any resultant accidents:

• The digger may face fines for accidents such as people falling into the well.

Reference: Hidāyah, vol. ii, p. 719.

Impurities and Usage Rules

Islamic law provides specific guidelines on dealing with impurities in wells:

• If an animal or any impurity falls into a well, all the water must be drawn out before it can be used again.
• If it is impossible to draw all the water out, at least 300 bucketfuls must be drawn.
• If the animal becomes putrified in the well, the water should not be used for three days. In other cases, the water can be used after a full day.

Reference: Sharḥu ʾl-Wiqāyah, p. 10.

Further Studies

Books and Resources

• “The Hidāyah” by Burhān al-Dīn Marghīnānī: A fundamental text on Hanafi jurisprudence.
• “Sharḥu ʾl-Wiqāyah”: A commentary on “Al-Wiqāyah,” another significant work in Hanafi Fiqh.
• “The Oxford Handbook of Islamic Law” (Edited by Anver M. Emon and Rumee Ahmed): Offers a comprehensive look into various aspects of Islamic legal traditions including public utilities.

Takeaways

• Wells (biʾr) hold essential significance in Islamic culture and law.
• Legal opinions vary with prominent scholars like Imām Muḥammad and Imām Abū Ḥanīfah offering different perspectives on communal ownership.
• The rulings on the usage and maintenance of wells emphasize public welfare and safety.

Conclusion

Wells serve as a poignant example of how Islamic jurisprudence harmonizes practical life with religious principles, maintaining both communal benefits and individual responsibilities. Understanding these rulings deepens our appreciation of the comprehensive nature of Islamic law and its application to everyday life.

By incorporating these detailed aspects into the definition of wells in Islam, the entry not only informs but also enriches the reader’s understanding of Islamic culture and law.