Is a settlement valid regarding water runoff onto a roof that is leased or borrowed (ariyyah)?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

A settlement allowing water runoff onto a roof that is currently leased or borrowed from someone is invalid. This is because the lessee or borrower would be harmed by the arrangement, and since they were not authorized for it, they lack the authority to dispose of it. This differs from flowing water in a dug channel, where the underlying land does not suffer harm.