A Spring-Fed Well (bi'r ma'in)

Question

To the most noble presence of my respected teacher, Hazrat Qari, may his blessings endure. [ar]السلام عليكم ورحمة الله وبركاته[/ar] “Peace be upon you, and the mercy of Allah and His blessings.” Attached to a mosque there is a large well from which the people of the neighbourhood also draw water. It is known as the “ten-by-ten-cubit well”, but its diameter is 10½ cubits.

Answer

(1) That is the basic rule, but to remove hardship, for the sake of ease, there is another way too, as will come. (2) Some have called it mufta bihi, and some have declared it weak. (3) They do fall under it: [ar]لاشتراك العلة وهي اليسر[/ar] “because the effective cause ('illa) is shared, and it is ease.” (4) Correct: in such a situation there is room for such a fatwa. (5)

Source: Fatawa Mahmudiyya

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