Is liability incurred if fire dries out branches of a neighbor's tree?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
Liability is incurred if one sets a fire that dries out the branches of a neighbor's tree, because such an outcome requires a large fire. This aligns with the ruling established by Al-Shafi'i.
Supporting text
However, if the branches extend into the air space of the burner's property, no liability is incurred because the intrusion of those branches is not an established right that warrants prevention, and thus one is not prohibited from utilizing their property.