The ruling on building a platform in the road and the market
Machine translationRead the Arabic original
The questioner : And he does not build a platform in it for that reason.
The Shaykh : This is correct; it is not permissible to build a platform in the market. Like the threshold of the door; now, you find some people making the threshold a step, four or five steps, and this is not permissible.
Yes, if the road is wide and the one in authority, who is the imam or his deputy, agrees to this, then there is no harm. But if it is narrow in our current time, such that without this platform two cars could pass each other, but with this platform they cannot pass—meaning, if two cars meet, one cannot pass the other—then this is not permissible, even if the one in authority permits it. Because the one in authority acts for the people according to the public benefit. Some of the scholars (may Allah have mercy on them) said that if he increased the plastering of the wall by the width of a barley grain, it would be forbidden for him to do so to this extent? Allah is the Helper. Now, as you see.
The questioner : And he does not build a platform in it for that reason; because it harms the passersby, resembling the building of a house. And that is not permitted by the permission of the imam; because he does not have the authority to permit what harms the Muslims, whether it causes harm immediately or not.
The Shaykh : Immediately.
The questioner : And whether it causes harm immediately or not, because this is intended for permanence, and harm may occur in it. Ibn Aqil said that it is permissible for the imam to permit what has no harm in it, because he is the deputy of the Muslims, so his permission is like his permission to sit.
The Shaykh : Ibn Aqil was good, but on the condition that it is stipulated that the owner of the platform removes it whenever harm occurs. The school of thought holds that it is not permissible absolutely, even with the permission of the imam. Because if it does not harm now, it may harm later.
The questioner : In the future.
The Shaykh : In the future, but we say that as long as there is no harm in it and the owner of the house needs it, then there is benefit in it and no harm. And a commitment is taken from the owner of the house that if harm occurs in the future, he will remove it.
The Shaykh : This is correct; it is not permissible to build a platform in the market. Like the threshold of the door; now, you find some people making the threshold a step, four or five steps, and this is not permissible.
Yes, if the road is wide and the one in authority, who is the imam or his deputy, agrees to this, then there is no harm. But if it is narrow in our current time, such that without this platform two cars could pass each other, but with this platform they cannot pass—meaning, if two cars meet, one cannot pass the other—then this is not permissible, even if the one in authority permits it. Because the one in authority acts for the people according to the public benefit. Some of the scholars (may Allah have mercy on them) said that if he increased the plastering of the wall by the width of a barley grain, it would be forbidden for him to do so to this extent? Allah is the Helper. Now, as you see.
The questioner : And he does not build a platform in it for that reason; because it harms the passersby, resembling the building of a house. And that is not permitted by the permission of the imam; because he does not have the authority to permit what harms the Muslims, whether it causes harm immediately or not.
The Shaykh : Immediately.
The questioner : And whether it causes harm immediately or not, because this is intended for permanence, and harm may occur in it. Ibn Aqil said that it is permissible for the imam to permit what has no harm in it, because he is the deputy of the Muslims, so his permission is like his permission to sit.
The Shaykh : Ibn Aqil was good, but on the condition that it is stipulated that the owner of the platform removes it whenever harm occurs. The school of thought holds that it is not permissible absolutely, even with the permission of the imam. Because if it does not harm now, it may harm later.
The questioner : In the future.
The Shaykh : In the future, but we say that as long as there is no harm in it and the owner of the house needs it, then there is benefit in it and no harm. And a commitment is taken from the owner of the house that if harm occurs in the future, he will remove it.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4677] حكم بناء دكة في الطريق والسوق - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.