Is a co-owner on a higher roof obligated to build a screen to prevent looking down onto the neighbor's lower roof?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

The owner of the higher roof is forbidden from ascending onto his roof in a manner that overlooks his neighbor's lower roof unless he builds a screen to conceal himself. This prohibition is due to the potential harm caused to the neighbor, specifically uncovering the neighbor and looking upon their private family matters (*hurum*), which is likened to looking through a door or a small opening. Evidence for this prohibition is derived from the Prophet's saying: "If a man looks at you, and you throw a pebble at him and put out his eye, there is no blame upon you." The situation differs from the lower roof owner, as their action does not harm the upper owner or uncover their dwelling.

Supporting text

Al-Shafi'i held that building a screen is not obligatory because the roof acts as a barrier between their properties, and neither party can be forced to act upon it, similar to the lower roof.