this on the grounds that the airspace follows the ground beneath it. Thus, if there is an enclosure where camels stay and take shelter, and part of it is roofed—as is often done in camel enclosures—then, according to the established school, prayer on the roof above that enclosure is not valid.
The correct view, however, is that prayer on the roof of camel enclosures is valid, because this does not fall under the Prophet’s saying, may Allah’s peace and blessings be upon him: “Do not pray in camel enclosures.” (1) Camels do not kneel upon the roof; rather, they kneel beneath it.
Fifth: the roof of usurped property. Prayer on the roof of usurped property is like prayer within usurped property, if the roof itself has been usurped. If it has not been usurped, then there is no doubt that prayer upon it is valid.
If you ask: How could the lower part be usurped while the roof is not? We say: A man may usurp the lower part of a house while leaving its upper part to its owner. In that case, the roof has not been usurped. Yet we say: if a person usurps the entire house, then all of it is usurped; and if it is usurped, prayer therein is not valid according to the principle of the established school. (2)
In sum, the very notion of a roof over usurped property requires consideration. For we say: if the roof is included in the usurpation, then it is usurped; but if it lies outside the scope of the usurpation, then it belongs to its owner. We do not know of any scholar who held that prayer upon it is invalid.