The rights of the neighbor, and his saying (peace be upon him): (None of you should prevent his neighbor from placing his wooden beam on his wall).
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The Shaykh : ... that another person takes his name, so if he withdraws, it is permissible, otherwise it is not, from this perspective.
... ... ...
The Shaykh : ... then I am applying this by analogy, from the perspective of a stronger analogy, to his saying (peace be upon him):Sunan Ibn Majah 2337Sahih (Darussalam), do you understand the implication of this hadith?
The questioner : ... the implication ... .
The Shaykh : ... even though there is something here, and ... in the long run, you are loading your house onto your neighbor's wall, and saving yourself the cost of erecting at least a pillar, for example, and then loading your house's wall more than it can bear, so there is a type of harm, even if it is not tangible; nevertheless, the Lawgiver said to allow your brother to place his bridge on your house.
The questioner : ... yes, my Shaykh, beautiful ... what Allah willed, now I had an incident that I remembered in my house, the southern side of the house, as he explained itThe Shaykh : in an upright wall, so I am now ... the side, now his partner comes and demands of me, saying: I want half the price of the wall; is it his right?
The Shaykh: No.
The questioner : ... he has no right.
The Shaykh : ... meaning he has no right if you do not want to share it with him, but if you want to share the wall with him, meaning you benefit from it as if it were your wall, then it is according to the agreement between you and him ... because they used to say - and I have this with me - that as soon as you plaster this wall, it does not remain in its rough state and with its defects, etc., I want to plaster it, and this gives strength to the wall, he tells you: I want - he says here in the Syrian expression - I want its mirror.
The questioner : ... .
The Shaykh : ... this is not permissible, but suppose I want to open a window, I want ... in this wall, as ... in that case, he has the right to demand half.
...
The Shaykh : ... Abdullah ibn al-Zubayr (may Allah be pleased with them both).
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... is it established that he said: This is exclusive to me ... meaning this is for me and not for others, or something like that?
The Shaykh : ... if this meaning were established, I would not have told you what I have told you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : And may He reward you.
... ... ...
The Shaykh : ... then I am applying this by analogy, from the perspective of a stronger analogy, to his saying (peace be upon him):
No one of you should refuse to let his neighbor fix a piece of wood to his wall.
لا يمنع أحدُكم جارَه أن يضعَ خشبته على جدارهThe questioner : ... the implication ... .
The Shaykh : ... even though there is something here, and ... in the long run, you are loading your house onto your neighbor's wall, and saving yourself the cost of erecting at least a pillar, for example, and then loading your house's wall more than it can bear, so there is a type of harm, even if it is not tangible; nevertheless, the Lawgiver said to allow your brother to place his bridge on your house.
The questioner : ... yes, my Shaykh, beautiful ... what Allah willed, now I had an incident that I remembered in my house, the southern side of the house, as he explained itThe Shaykh : in an upright wall, so I am now ... the side, now his partner comes and demands of me, saying: I want half the price of the wall; is it his right?
The Shaykh: No.
The questioner : ... he has no right.
The Shaykh : ... meaning he has no right if you do not want to share it with him, but if you want to share the wall with him, meaning you benefit from it as if it were your wall, then it is according to the agreement between you and him ... because they used to say - and I have this with me - that as soon as you plaster this wall, it does not remain in its rough state and with its defects, etc., I want to plaster it, and this gives strength to the wall, he tells you: I want - he says here in the Syrian expression - I want its mirror.
The questioner : ... .
The Shaykh : ... this is not permissible, but suppose I want to open a window, I want ... in this wall, as ... in that case, he has the right to demand half.
...
The Shaykh : ... Abdullah ibn al-Zubayr (may Allah be pleased with them both).
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... is it established that he said: This is exclusive to me ... meaning this is for me and not for others, or something like that?
The Shaykh : ... if this meaning were established, I would not have told you what I have told you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : And may He reward you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.