Is a settlement valid regarding rainwater runoff from a roof onto someone else's land?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is a scholarly view holding that a settlement for rainwater runoff from a roof onto another's land is invalid because if it requires digging, one is forbidden from excavating another person's land. Additionally, establishing a permanent path for someone else might lead to future claims of ownership over that area against the landowner. Conversely, there is an opinion stating permissibility if no digging is required and no harm results, as this resembles allowing water flow in a pre-dug channel. If permissible, the agreement must not exceed the duration of the leasehold, analogous to the ruling concerning water flow in a channel.

Supporting text

The issue is subject to differing opinions based on whether the runoff necessitates digging or causes harm. If it necessitates digging or establishes a claim of right, the consensus leans towards invalidity. If it causes no harm and requires no excavation, it may be permissible, but only for a limited duration not exceeding the term of any existing lease.