to demand that he rebuild it. But if the lower storey is categorically preferable, then we compel him, because if he refuses despite its being categorically better, we know that he merely intends to cause harm. The Prophet ﷺ said: “There should be neither harming nor reciprocating harm.” (1) In such a case, we say: he is compelled to accept; otherwise, he may do as he wishes.

It says in al-Rawd (2): “The owner of the upper storey is required to provide a screen that prevents overlooking the lower storey.” For example, if I have a raised house, I must build a wall that prevents me from overlooking the lower dwelling. How high should it be? The scholars say that the criterion is the height of an average man: he must erect a wall high enough that, when a person stands, he cannot look down upon his neighbour.

If the neighbour is not directly adjoining me, but there is a boundary wall between us and my house overlooks his, then I am required to provide a screen, because this harms the neighbours. The same applies to windows: their walls must be high. If they are not high, this is not permissible. If someone says, “I will not raise these windows, but I will install frosted glass that prevents visibility,” and the neighbour replies, “If its panes can be opened, they may remain open; and if they are fixed, then although they may indeed prevent visibility, glass is liable to break. If hail comes from the clouds and strikes the glass, it will break, or someone may play with pebbles and break it”—then I withhold judgment on this issue.