What is the ruling on liability for construction in public ways for the benefit of Muslims?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Construction on a road follows the detailed rules established for digging. If a building causes harm, either by being on a narrow road, harming passersby on a wide road, or being for personal benefit, the builder has committed aggression and is liable for resulting damages. If built on a wide road in a location that does not cause harm, for the benefit of Muslims, such as building a necessary mosque in a corner, there is no liability, irrespective of the Imam's permission. This applies to tasks like clearing mud and water from roads, digging a reservoir, or removing a harmful stone, and placing gravel to level depressions, and roofing over a water channel, or placing a stone in mud for people to step on or cross over; all these are permissible, and no liability results from them. This ruling should similarly apply to building bridges.
Supporting text
There is a possibility that the Imam's permission is required for construction benefiting Muslims, unlike digging, because the need for digging (road maintenance, clearing mud/water) is more common, whereas the benefit of construction is not always universally present. There is also the possibility that seeking the Imam's permission should be considered because the benefit is not universally needed, unlike other matters.