Swearing the well is unlawful to him even if he finds no other water

Q: My brother and I participated in digging a well for our farms and houses. We shared the costs of digging, the price of the water pump and all the requirement of digging. The well is located in one of my brother's farms. At first, we agreed that the well would be dug in his farm by equal shares. Lately, after the well started to give much water, he has become bored with us sharing it. He started to procrastinate repairing any disorders whether in the pump or otherwise. It is clear that he wants me to give up my share of the well. After he provoked me with words, I understood that he does not want me to share the well with him any longer. He is my elder brother. I told him, "I regard this water unlawful to me and would rather drink my urine than drink from this well's water" (Part No. 23; Page No. 180) These were the exact words that I said. Now, my brother asks me to share the well with him and to offer Kaffarah (expiation) for breaking my oath. Your Eminence, what should I do with regard to the broken oath?

A: You have to offer the Kaffarah of a broken oath by feeding ten Miskins (needy people); each one half a Sa` (a Sa`=2.172 kg) of the common food in the country, that is a kilo and a half of food approximately. You may also clothe ten needy people or free a Muslim slave. You may choose any of the three types of expiation. If you cannot afford any of these, you have to observe fasting for three days. The evidence on the obligation of the Kaffarah for a person who considers lawful things as unlawful is the saying of Allah (Exalted be He), O Prophet! Why do you forbid (for yourself) that which Allâh has allowed to you and: Allâh has already ordained for you (O men) the absolution from your oaths. That is to say, the Kaffarah we mentioned.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.