What is the liability for damage caused by actions benefiting a mosque or communal space?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 10 · Bab 1

Open in Qurani

Primary text

If someone roofs a mosque, spreads a mat in it, installs a door, creates a shelf for the benefit of its people, or hangs a lamp, and something is damaged as a result, there is no liability upon him. Our evidence is that he performed an act of benevolence and committed no aggression, so he is not liable for what results, just as if the Imam and the neighbors had permitted it. Furthermore, this is permissible by custom, as the practice of voluntary contribution without seeking explicit permission is established, thus liability is not required, similar to actions explicitly permitted.

Supporting text

Shafi'i's companions hold that if any of these actions are performed without the Imam's permission, liability is incurred in one legal view. Abu Hanifa stated liability applies if the neighbors have not given permission.