The roof spout (mizab) and the rulings on it

A mizab is a pipe or conduit that carries water off the roof of a building or a high place. ¹

Most jurists (Hanafis, Malikis, Shafi'is and a Hanbali view) allow a spout to project onto the main road, citing the case of Umar and al-Abbas: Umar had the spout removed; al-Abbas then placed his feet on Umar's shoulders and put it back where it had been. The Hanbalis forbid projecting onto the main road or an open lane without the imam's leave, and onto a closed lane without the leave of its residents. ^{1 2}

Abu Hanifa and Abu Yusuf hold that anyone may forbid placing a spout on the road without the imam's leave, even without harm. The Malikis, Shafi'is, Hanbalis and Muhammad hold that no one may forbid it where there is no harm. On removing a spout once placed, Abu Hanifa allows any party to a dispute to demand its removal; Abu Yusuf and Muhammad disagree. ^{2 3}

When neighbours dispute the right to let water flow from a spout, the Hanafis hold that the right must be proved by evidence, and that the owner of the spout may not cut it off. An old spout may give a right of flow, and the owner of the house is believed on oath as to the kind of water. ^{3 4}

Most jurists hold that one who stands under a spout or in the rain intending purification, and whose water reaches hair and skin, is purified. The Malikis and al-Muzani hold that pouring water over the body does not suffice for washing without rubbing. ^{4 5}

Most jurists hold that if a projecting spout falls on a person and kills him, the diya is due from the owner's kin, since he trespassed by occupying the air of the road. The Hanafis and Shafi'is distinguish: if the part inside the wall falls, there is no liability; if the part outside falls, the owner is liable. The Malikis hold no liability, since he acted within permission. The Hanbalis hold liability when the spout was put out without the imam's or residents' leave. ^{4 5}