What is the ruling on water that a person extracts from a well he dug in the public road in front of his house, knowing that if he were to dig inside his house, he would reach the same water?
A person may dig a well on their private property, because whoever owns the land owns what is beneath it down to the seventh earth. However, they only own the air up to the first heaven. It is not permissible for them to dig in a public road except with the permission of the state, due to the potential for damaging the road and exposing it to harm. If digging does not result in harm, and no one from the town objects, then it is permissible. The ruling in this matter revolves around two points: First, creating something in the road for which it was not intended, and second, the occurrence of harm as a result. If the matter is free from harm, such that the road is restored to its original condition, and no one objects, then digging is permissible. This, however, is only achievable if the road is not asphalted.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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