Guide to the ownership of the air above one's land by the landowner
Machine translationRead the Arabic original
The questioner:
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?
The Shaykh:
Yes, because it is attached to it. By analogy with the ownership of the depth and the air, if he owns the depth and the air, then he also owns the air above.
The questioner:
Honorable Shaykh.
The Shaykh:
If Allah wills, one person will come and build on top of his house. If someone came and put a bridge over your house and built on it, would you be satisfied with that and say, "It is not his air"? No one would be satisfied with that.
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?
The Shaykh:
Yes, because it is attached to it. By analogy with the ownership of the depth and the air, if he owns the depth and the air, then he also owns the air above.
The questioner:
Honorable Shaykh.
The Shaykh:
If Allah wills, one person will come and build on top of his house. If someone came and put a bridge over your house and built on it, would you be satisfied with that and say, "It is not his air"? No one would be satisfied with that.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب العارية — islamhouse.com (47:23)
The Arabic text is a machine transcription of the audio recording.