Is it permissible to direct roof drainage spouts (Miyazib) onto the main public road?
General Chapter
Al-Mughni
Book of Settlement
Primary text
It is not permissible to direct roof drainage spouts onto the main public road. This is because such an act constitutes an unauthorized disposition of shared airspace belonging to others, similar to building a platform or balcony that harms others on a non-pass-through alley. Furthermore, this action harms the road and its inhabitants, as the water may fall on passersby, potentially mixing with urine or impure water, thus contaminating them, making the road slippery, and depositing mud. The documented narration regarding this matter is specific to a particular incident and may not establish a general rule, or the road circumstances may have changed since the installation.
Supporting text
Abu Hanifa, Malik, and Al-Shafi'i permit directing the spout onto the main public road. Their evidence is the action of Umar, may Allah be pleased with him, who demolished a spout belonging to Al-Abbas over the main road, despite Al-Abbas citing that the Messenger of Allah, peace be upon him, installed it with his own hands. Umar’s response implied that what the Prophet did for one person is permissible for others unless there is evidence of specific restriction, and because necessity requires it, as the water cannot be contained within the house. They also cite that this practice is commonly followed throughout the lands of Islam without objection.