The Ruling on Owning the Air Above the Land
Machine translationRead the Arabic original
Question:
Honorable Shaykh, how did we derive from the hadith of Sa'id ibn Zayd that the owner of the land owns the air above his land?
Answer:
Because it is attached to it. Since, by analogy to the ownership of the surface and the depth, if he owns the surface and the depth, then he also owns the air. It is not permissible for one person to come and build above your house. If someone came and placed a bridge above your house and built on it, would you accept this and say, "It is only in the air"? No one would accept this; it is clear.
Honorable Shaykh, how did we derive from the hadith of Sa'id ibn Zayd that the owner of the land owns the air above his land?
Answer:
Because it is attached to it. Since, by analogy to the ownership of the surface and the depth, if he owns the surface and the depth, then he also owns the air. It is not permissible for one person to come and build above your house. If someone came and placed a bridge above your house and built on it, would you accept this and say, "It is only in the air"? No one would accept this; it is clear.
Source
صاحب الأرض يملك هواء أرضه — alfawzan.live
The Arabic text is a machine transcription of the audio recording.