Muwatta 2543

Malik said: the practice among us regarding one who digs a well on the road, or ties up an animal, or does similar things on the road of the Muslims: whatever he does that is not permitted for him on the Muslims' road, he is liable for what is harmed by it, whether wound or other; if its blood-money is less than a third of the blood-money, it is from his property alone, and if it reaches a third or more, it falls on the kin. What he does that is permitted for him, there is no liability on him for it, like a well a man digs for rain, and an animal a man dismounts from for a need and stops on the road. ¹

Belongs to the Muwatta, Book of Blood-Money (uqul). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on kin liable for blood-money (aqila) and blood-money (diya).