Does grasping a tree branch extending over a dwelling violate an oath not to enter the dwelling?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Grasping a branch of a tree that extends over the dwelling does not violate the oath. However, ascending the branch until one is directly opposite the surface, between the walls of the house, results in the violation of the oath. There is a debate regarding whether ascending to a position level with the surface, but not descending between the walls, violates the oath; one view suggests violation because the person is in the air space owned by the proprietor, similar to standing on the roof, while another view suggests no violation as the person is not considered inside nor standing upon any physical part of the structure.
Supporting text
If the tree is outside the dwelling and one grasps a branch extending over the surface, the ruling mirrors the previous case. If one stands on the wall of the dwelling, there are two possibilities: one opinion, held by Abu Thawr and the People of Opinion, states the oath is violated because the person is within the dwelling's boundary, similar to standing on the roof. The second view states the oath is not violated because it is not considered entry.