Is a man permitted to act in a manner that harms his neighbor within his own property?
General Chapter
Al-Mughni
Book of Settlement
Primary text
A man is forbidden from disposing of his property in a way that harms his neighbor. This prohibition applies to actions such as building a public bathhouse between residences, opening a bakery among perfume shops, turning the property into a plasterer's shop that shakes and ruins walls, or digging a well next to a neighbor's well in a manner that draws away its water. This view is held by some associates of Abu Hanifa. The basis for this ruling is the Prophetic saying: "There shall be no harming nor reciprocating harm" (La darara wa la dirara). Since these actions constitute harm to the neighbors, they are prevented, similar to hammering that shakes and demolishes walls, or watering land in a way that causes damage to a neighbor's walls, or igniting a fire that spreads and burns them.
Supporting text
A second opinion, attributed to Ahmad and held by Shafi'i and some associates of Abu Hanifa, states that such actions are not prevented. The reasoning is that the individual is acting within his exclusive property rights, and no right of others is attached to it. Therefore, he should not be prevented, just as he is permitted to cook or bake in his own house. They concede, however, that hammering which demolishes walls is prevented.