Question Summary:
1. Is it allowed in shariath to sell water? I mean we are planning to process the river water and sell in the market after filling in big bottles. 2. 2. I am living in UAE. Here the big gardens, parks and landscapes are water / irrigated with Treated Sewage Effluent (TSE) water. People use to sit / play in the grasses of the Question Detail:
1. Is it allowed in shariath to sell water? I mean we are planning to process the river water and sell in the market after filling in big bottles. But before doing I would like to know is it allowed in Sharia. We will get all the approvals from Government in order to take water from river. And will also ensure that people of the surrounding are not oppsoing the water intake. Please clarify.
2. I am living in UAE. Here the big gardens, parks and landscapes are water / irrigated with Treated Sewage Effluent (TSE) water. People use to sit / play in the grasses of the gardens which are watered with TSE. Normally sewerage / sewage water is Najis and Na PAK. But the water is treated in centralized HUGE sewage treatment plant and the odour and all other ugly parts are removed up to 99% and it is safe for environment (technically). But logically still there are remains, say (0.1 % at least) since the water is not 100% treated. My question is Can we sit in these grassQes and pray with the same garments / dresses?
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In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
1. It is permissible to sell bottled water.
في الدر المختار: ( والمحرز في كوز وحب ) بمهملة مضمومة الخانية ( لا ينتفع به إلا بإذن صاحبه ) لملكه بإحرازه ؛ وقال ابن عابدين رحمه الله: ( قوله والمحرز في كوز أو حب ) مثله المحرز في الصهاريج التي توضع لإحراز الماء في الدور كما حرره الرملي في فتاواه وحاشيته على البحر ، وأفتى به مرارا وقال : إن الأصل قصد الإحراز وعدمه ... ( قوله لا ينتفع به إلخ ) إذ لا حق فيه لأحد كما قدمناه ( قوله لملكه بإحرازه ) فله بيعه ، ملتقى ( رد المحتار: 10/17 ، دار المعرفة )
فإذا أخذه وجعله في جرة أو ما أشبهها من الأوعية فقد أحرزه فصار أحق به فيجوز بيعه والتصرف فيه كالصيد الذي يأخذه كذا في الذخيرة ( الفتاوى الهندية: 3/130، دار الكتب العلمية )
2. In principle, land and anything that is attached to it such as grass, trees and bricks become pure once the impurity has dried and the traces of the impurity (its colour, smell and taste) have disappeared.
Therefore, in the case of the parks and gardens that are watered with impure water, they will become pure once the impure water has dried and the smell, colour and taste of the impure water, if any, have disappeared. Once the ground has become pure, one is allowed to play, sit and even offer the salaat on it.
( و ) تطهر ( أرض ) بخلاف نحو بساط ( بيبسها ) أي : جفافها ولو بريح ( وذهاب أثرها كلون ) وريح ( لـ ) أجل ( صلاة ) عليها ... ( و ) حكم ( آجر ) ونحوه كلبن ( مفروش وخص ) بالخاء تحجيرة سطح ( وشجر وكلأ قائمين في أرض كذلك ) أي : كأرض ، فيطهر بجفاف وكذا كل ما كان ثابتا فيها لأخذه حكمها باتصاله بها ( الدر المختار: ج 1 ص 563 ، دار المعرفة )
On the other hand, if someone walks and sits on the ground before the impure water has dried, his shoes, clothes and anything else that was besmeared with the impure water will become impure, and he will not be permitted to offer salaat in this state.
Now this leads to the question: Is treated sewage water pure or impure?
Treated sewage water
In principal, impure water does not become pure merely by the disappearance of impurity and its traces from the water. This is the case even if the impure water is in a large quantity.[i] Similarly, impure water does not become pure merely by filling a large tank with it, regardless of whether or not traces of impurity are apparent in it.[ii]
Hence, sewage water will not become pure merely due to being treated. Pure water (according to the Shariah) and biologically clean water are two different things.
Impure water becomes pure when it flows with pure water.[iii] Similarly, it becomes pure when it enters a large body of pure water.[iv] Large body of water is that water whose surface size is approximately 23 metres square or more.[v]
In both cases (i.e. whether the impure water flows with pure water, or it enters a large body of pure water), the condition is that after mixing with the water, the smell, taste and colour of the water should be that of normal water. If any of the three qualities of water (i.e. its smell, taste and colour) changes due to impurity, the water will be impure.[vi]
Therefore, if treated sewage water is released into a large body of pure water such as a lake or river, the lake or river water will be pure as long as the smell, taste or colour of the water does not change due to impurity. However, if treated sewage water is released to a small body of pure water, the entire water will become impure regardless of whether or not the smell, taste or colour of the water has been affected by impurity.[vii]
Similarly, since water travelling in pipes is flowing water[viii], if treated sewage water flows in the pipes along with pure water, the mixed water will be pure with the condition that the smell, taste or colour of the water is not affected by impurity. This is the case even if the pure water is less than the treated sewage water.[ix]
Note that impure water does not become pure by flowing with impure water, regardless of whether or not there are traces of impurity in it.[x] To become pure, it must flow with pure water. Therefore, if treated sewage water travels in the pipes by itself, it will not become pure.
Another way in which the treated sewage water can become pure is that after impurities have been removed from the water and the taste, smell and colour of the water returns to that of normal water, pure water is poured in the tank containing the treated sewage water till the water overflows from the tank. As soon as the water overflows from the tank, the entire water in the tank will become pure. This is because the water of the tank will be considered flowing water as soon as it overflows when water is poured in it. This is even if the water that overflows is little. The water that overflows is also pure. This is regardless of whether the water is in a large tank or a small tank.[xi]
The above will apply even if the treated sewage water is in a bucket or a container, i.e. if a bucket or container is filled with treated sewage water and thereafter pure water is poured in it till the water in the bucket or container overflows, the entire water will become pure.[xii] Even the water that overflows and falls down will be pure.[xiii]
Note that all the rulings mentioned above are based on the assumption that when the sewage water leaves the home and travels in the pipes towards the treatment plant, the smell, taste or colour of the water changes due to the impurities in it. If the assumption is wrong, the rulings may be different.[xiv] This is because of two reasons: 1) The water that travels in pipes is considered flowing water. 2) Along with impurity and impure water, sewage water also contains pure water.
Also note that one can use impure water to flush the toilet, water the garden etc. However, it cannot be used for drinking, cooking, making wudu or ghusl and for washing clothes.
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And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Faizal Riza
Correspondence Iftā Student, Australia
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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