WELLS

Arabic biʾr ( بئر‎ ), pl. abʾār . Heb. ‏בְּאֵר‎ Beʾēr . If a person dig a well for public use, it is held by Imām Muḥammad that his right to the well ceases as soon as the people drink of the well; but Imām Abū Ḥanīfah is of opinion that it does not become common property until the magistrates i ue a decree to that effect. ( Hidāyah , vol. ii. p. 357.) If a person dig a well in a high road (where no person is entitled to dig a well), he is liable to a fine for any accident which may happen by people falling into it. ( Hidāyah , vol. ii. p. 719.) If any animal, or impurity of any kind, fall into a well, all the water must be drawn out before the well can be lawfully used; and if it be impo ible to draw the whole of the water, then not le than 300 bucketfuls must be drawn out. If the animal has in any way become putrified in the well, then the water must not be used for three whole days; but in any other case the water can be used after the lapse of a whole day. ( Sharḥu ʾl-Wiqāyah , p. 10.)