Is it permissible to dig a well in a public thoroughfare for the benefit of Muslims or the road itself?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

If digging a well is intended for the benefit of Muslims, such as providing water for passersby or draining rainwater from the road, the permissibility depends on the road's condition. If the road is narrow, or if digging it obstructs the path, causing fear of people or animals falling in, or narrowing their passage, it is not permitted because the harm outweighs the benefit.

Supporting text

If the well is dug in a corner of a wide road and secured against falling in, it is permissible, as this constitutes a benefit without harm, analogous to paving the road or building a sidewalk.