Urinating on a pathway or in beneficial shade, …
His statement, “Urinating on a pathway,” means that it is prohibited; defecating there is even more so. This is due to the report recorded by Muslim that the Prophet, peace and blessings be upon him, said: “Beware of the two acts that bring curses.” They asked, “What are the two acts that bring curses, O Messenger of Allah?” He said: “Relieving oneself on people’s pathways or in their shade.” (1) In Sunan Abi Dawud, may Allah have mercy on him, it is narrated: “Beware of the three acts that bring curses: relieving oneself at water sources, in the middle of the road, and in the shade.” (2)
The reason is that urinating on the road harms passersby, and harming the believers is prohibited. Allah, Exalted is He, says:
“Those who harm believing men and women without their having done anything to deserve it have indeed borne the burden of a slander and a manifest sin.” [al-Ahzab]
His statement, “or in beneficial shade,” means that it is prohibited to urinate or defecate in shade that people benefit from. This does not apply to every patch of shade; rather, it applies to shade in which people seek shelter. Thus, if someone urinates or defecates in a place where people do not sit, it cannot be said to be prohibited. The evidence is the Prophet’s words, peace and blessings be upon him, “or in their shade,” meaning the shade where they sit and from which they benefit.