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USING THE WATER OF A RIVER OUTSIDE ONE'S TURN TO USE IT


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Question: The residents of two villages have divided the water from a river between themselves and take turns taking the water for themselves. Do the villagers in their turn own the water or not? If a person, outside of his turn, brings water from the river for his own use in his house and performs ablution, will his ablution be invalid if the people of the other village do not consent?

Answer: There is no problem in performing ablution from streams that based on the conventional habitude of the wise, are allowed to be used without the permission of the owner (even if the owner is a minor, and even if the person does not know that the owner consents). Rather, it is still permissible to take possession of them, even if the owner forbids performing ablution, or even if the person knows that the owner does not consent, or if the owner is minor or insane.

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