the fruit borne by this overhanging branch, then this is valid. For even if the branch grows larger and extends further, its fruit will increase accordingly. This is valid because necessity may call for it, and it does not involve excessive uncertainty.
In a through passageway, it is permissible to open doors for access; but it is not permissible to project a rawshan (an overhanging roof not joined to the opposite wall), a sābāṭ (a roof joined to the opposite wall), a bench, or a waterspout. Nor may one do so over a neighbour’s property or in a shared passageway without the permission of the person entitled to it, ...........
His statement, “In a through passageway, it is permissible to open doors for access”: passageways—that is, roads—are of two types: through passageways and cul-de-sacs that do not lead through. A through road belongs to everyone, so one may open a door onto it for access, whether at the beginning, middle, or end of the passageway, so long as his house extends from the beginning of the street to its end. Since it is intended for passage, it is public property, and he may open a door onto it.
His statement, “for access,” implies that if it is permissible to open a door for access, then opening one for ventilation and light is even more permissible, since this harms no one. Moreover, he may demolish his wall until only approximately the height of a man remains.
Thus, he may open ventilation openings, and he may open doors for access.
The apparent meaning of the author’s words is that there is no distinction between opening it opposite his neighbour’s door and opening it elsewhere, because the road belongs to everyone. This is indeed the case: there is no difference whether it is in front of his neighbour’s door or not, unless the neighbour would be harmed by opening a door opposite him. In that case, it is not lawful for him to open it opposite his neighbour’s house, due to the Prophet’s ﷺ saying: “Whoever believes in Allah and the Last Day should honour his neighbour.” (1) And he said: “By Allah, he does not believe; by Allah, he does not—