At-Tirmidhi added [in his Jāmi’]: "He should be given the opportunity to purchase it, even if he is absent, provided they share the same access route."
27 November 2025 • 329 views
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المسألة الثالثة: في أحكام الجوار
Rulings on Neighbouring Rights
A neighbour holds rights over their neighbour, and the Prophet ﷺ emphasised the importance of good neighbourly relations to the extent that he almost assigned them inheritance rights.
Narrated ’Ā'ishah may Allāh be pleased with her: The Prophet ﷺ said:
((ما زالَ يُوصِينِي جِبْرِيلُ بالجارِ، حتَّى ظَنَنْتُ أنَّه سَيُوَرِّثُهُ))
"[The Angel] Jibrīl continued to enjoin me to treat my neighbour kindly until I thought he would make him an heir." [Agreed upon]
If a person needs something from their neighbour—such as the right to pass water through their land, access a pathway on their property, or similar necessities—the neighbor should accommodate their need, whether in exchange for compensation or not.
A person is not permitted to make modifications to their property that would cause harm to their neighbour, such as opening a window overlooking their private space or operating a factory that produces excessive noise, disturbing the neighbour.
If there is a shared wall between two neighbours, neither has the right to alter it or place wooden beams on it unless necessary—such as when required for roofing. In such cases, they should not be prevented from doing so, as the Prophet ﷺ said:
((لا يمنع جارٌ جارَه أن يغرز خشبةً في جداره))
"A neighbour should not prevent his neighbour from placing a wooden beam in his wall." [Reported by Al-Bukhari, 2463, and Muslim, 1609; wording from Al-Bukhari]
BENEFIT: In terms of prohibiting a neighbour from inserting something into a shared wall, there are three scenarios:
1. If the insertion causes harm to the neighbour = he has the right to prohibit without any differing.
2. If the neighbour has an alternative place to insert it = he has the right to prohibit it according to the majority of scholars.
3. If the insertion does not cause harm to the neighbour and he has no alternative = there is a strong scholarly differing; the stronger view is that he does not have the right to prohibit it, based on the hadith of Abu Hurairah above.
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المسألة الرابعة: الطرقات
Regulations Regarding Public Pathways
1. It is prohibited to obstruct public pathways or create difficulties for pedestrians.
2. A person may not make modifications to their property that encroach upon or obstruct the public road.
3. It is impermissible to park an animal or vehicle in a manner that blocks pedestrian access to public roads.
4. Public roads are a shared right, and they must be preserved from anything that could harm pedestrians, such as dumping waste or garbage in them. This is because removing obstacles from the road is considered from the branches of Ēmān.
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Source: T.me/masjidsahabah
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