What is the liability for damage caused by a projection (janah or sabat) extending over a public thoroughfare if it falls?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The person who extends the projection over the public thoroughfare is fully liable for any resulting damage. This ruling is maintained because the damage resulted from an extension into the right of the public way, akin to building a leaning wall over the road or placing a beam on one's property leaning toward the road. Furthermore, the extension constitutes an act of aggression for which full liability is incurred, evidenced by the fact that even partial breakage causing damage necessitates full liability, unlike permissible actions.
Supporting text
The scholars of the Shafi'i school hold that if the fallen object was a beam not resting on the wall, full liability applies. If the beam was resting partially on the wall, liability is split equally (half) because the damage involved both the owner's property and another's property.