therein (24) that harms the Muslims, he is liable for that (25). If he digs it in a place where there is no harm, we examine it: if he dug it for himself, he is liable for what is destroyed by it, whether he dug it with the Imam's permission or without his permission. The companions of Al-Shafi'i said: If he dug it with the Imam's permission, he is not liable, because the Imam has the right to grant permission for benefits that entail no harm, as evidenced by the fact that it is permissible for him to grant permission to sit there, and to assign it to someone to sell goods there. Our argument is that it was destroyed by digging he performed in a shared right, without the permission of its owners, and not for their benefit, so he is liable, just as if the Imam had not permitted him. We do not concede that the Imam has the right to grant permission for this; he only grants permission for sitting because that is not permanent and can be removed immediately, so it resembles sitting in a mosque. Furthermore, sitting is permissible without the Imam's permission, unlike digging. [If he digs] (26) the well for the benefit of the Muslims, such as digging it so that rainwater from the road may drain into it, or so that passersby may drink from it, and similar things (27), then there is no liability upon him, because he is a benefactor through his action and is not a transgressor by digging it; thus, it resembles spreading a mat in a mosque. Some of our companions mentioned that he is not liable if it is with the Imam's permission, and if it is without his permission, there are two narrations. One of them is that he is not liable, for Ahmad said in the narration of Ishaq bin Ibrahim: If he creates a well for rainwater, and there is a benefit in it for the Muslims, I hope he is not liable. The second is that he is liable; Ahmad alluded to this because he took action without the Imam's authority. The Qadi did not mention anything other than this narration, and the correct view is the first one, because this is something for which there is a need, it is difficult to seek the Imam's permission for it, and the affliction is widespread. Thus, making the Imam's permission mandatory would lead to the loss of this public interest, because one would rarely find someone to bear the burden of seeking his permission and the cost of digging together, so this interest would be lost. Therefore, it is necessary to waive the requirement of his permission, as is the case in all other public interests, such as spreading a mat in a mosque, hanging a lamp therein, placing a light, or repairing (28) a defect in it (29). The ruling on building on a road is the same as the ruling on digging...