Who bears the responsibility for cleaning the cesspit and latrine?

Primary text

If cleaning the cesspit and latrine is necessary at the time of leasing, the responsibility lies with the lessor because it is essential for enabling the tenant's use. If they become full due to the tenant's actions, the tenant is responsible for emptying them. This is the position of Al-Shafi'i. Abu Dawud holds that it is the responsibility of the property owner because it enables use, similar to if the latrine was already full at the time of the lease. Abu Hanifa initially held that by strict analogy it falls on the lessee, but by juristic preference (*Istihsan*), it falls on the property owner based on common custom. The prevailing view is that since the blockage results from the tenant's action, the tenant must clean it, similar to discarding cloth into it.