Is it permissible to destroy encroaching branches if removal can be done without destruction, effort, or expense?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the branches can be removed without destruction, cutting, or imposing undue hardship or cost, it is not permissible to destroy them. This is analogous to the requirement not to destroy an animal one is expelling if it can be removed unharmed. If the owner destroys them under these conditions, he is liable for compensation.