What is the liability for damage caused by a water spout (mizab) falling onto a person or object over the road?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The person who extends the water spout over the road is liable for any resulting damage. This view is held by Abu Hanifa. The evidence is the same as established for the projection (janah). Extending something that can cause harm into the air space above another's property is considered an aggression, similar to placing something onto the property of a specific person without their permission.
Supporting text
Malik holds that there is no liability because the act of extending it is not considered an aggression, analogous to extending it over one's own property. Al-Shafi'i holds that if the entire spout falls, the liability is divided by half because the damage involves the owner's property and another's property. If only the broken-off part that extended beyond the wall falls, the extender is liable for all damage caused by that part because the entire falling segment was outside his domain.