thoroughfare. Our position is that this is building in the air-space of property belonging to specific people, similar to the case where he has no door (80) opening into it. We do not concede the premise upon which they draw their analogy. As for if the inhabitants of the private road give permission for it, it is permissible, because the right belongs to them, so it is permitted with their permission, just as if the owner were a single person. If he makes a settlement with the inhabitants of the road regarding this for a known consideration, it is permissible. The Qadi and the companions of Al-Shafi'i said: It is not permissible, because it is a sale of the air-space without the ground itself. Our position is that he is building therein with their permission, so it is permissible, just as if they had permitted him without any consideration; and because it is their property, so it is permissible for them to take compensation for it, just like the ground. If this is established, it is only permissible on the condition that what he extends is of a known extent in terms of projection and height. The same ruling applies if he extends it into the property of a specific person; it is not permitted without his permission, but is permitted with his permission, whether with or without consideration, provided it is of a known extent. And Allah knows best.

Section: It is not permissible to dig a well for oneself in a thoroughfare, whether intended for rainwater or to extract anything from it to derive benefit, or for any other purpose, due to what we mentioned previously. If one intends to dig it for the sake of the Muslims and their benefit (81) or for the benefit of the road, such as digging it so people may draw water from it, passersby may drink from it, or so rainwater may flow into it from the road, we consider the following: If the road is narrow, or he digs it in the path of people such that there is fear of a person or animal falling into it, or it narrows their passage, it is not permitted because its harm outweighs its benefit. If he digs it in a corner of a wide road and places something over it that prevents falling into it, it is permissible, because this is a benefit without harm; thus it is allowed, just like leveling it or building a pavement therein. As for doing so in a private road, it is not permitted except with the permission of its inhabitants, because this is property belonging to specific people, so it is not permitted to do such a thing without their permission, just as if he had done so in someone's orchard. If he makes a settlement with the inhabitants of the road regarding this for a consideration, it is permissible, whether he digs it for himself