for rainwater from his house to flow into it (84), or to draw water from it for himself, or if he dug it for the sake of public passage and the benefit of the road. The same applies if he were to do that in the property of a specific person.

Section: It is not permissible to extend water spouts (mizab) into the main road, and it is not permissible to extend them into a thoroughfare except with the permission of its inhabitants. Abu Hanifa, Malik, and Al-Shafi'i said: It is permissible to extend them into the main road, because Umar, may Allah be pleased with him, passed by the house of Al-Abbas, who had installed a water spout on (85) the road, and he tore it down. Al-Abbas said, "Will you tear it down when the Messenger of Allah, peace and blessings of Allah be upon him, installed it with his own hand?" He replied, "By Allah, you shall not install it except upon my back." He then bent down until he climbed onto his back, and he installed it (86). What the Messenger of Allah, peace and blessings of Allah be upon him, did, others may do, provided there is no evidence that it was specific to him. Also, because there is a need for this, and he cannot redirect its water back into the house. Furthermore, because people practice this in all the lands of Islam without objection. Our position is that this is an appropriation of air-space shared between him and others without their permission, so it is not permitted, just as if the road were not a thoroughfare. Moreover, it causes harm to the road and its inhabitants, so it is not permitted, just like building a bench or a projection therein that harms its inhabitants. The harm it causes is evident, for its water falls upon passersby, and urine or impure water may flow through it, thereby polluting them, making the road slippery, and causing mud to accumulate. As for the hadith, it is a specific case; it is possible that it was in a private road, or the road was renovated after its installation. It is also possible that it is permissible because the need is compelling, custom has maintained it, along with the aforementioned report.

Section: It is not permissible to open an arch or a door in a shared wall except with the permission of one's partner, because this is a utilization of another's property and an appropriation of it in a way that causes him harm. It is not permissible to fix a peg in it, nor to build a wall upon it, nor to screen it off, nor to utilize it in any form of utilization, for it is an appropriation of the wall.