Nor should the owner exploit his neighbor’s need by demanding excessive payment or by refusing him the use of the passage, thereby embarrassing him and obstructing his interests. If a branch from his tree extends into the neighbor’s airspace or into the soil of his property, the owner of the branch must remove it—either by cutting it off or by bending it in another direction—so that the other person’s property is left clear. Should the branch-owner refuse to do so, the owner of the airspace or ground may ward off the harm by any of those measures, for the former is deemed an aggressor and may be repelled by the least harmful means. If the two parties agree to let the branch remain, that is permissible, whether for compensation—which is the sound view—or on the condition that its fruit be shared between them.

The ruling for a root that grows into the neighbor’s land is identical to that of an overhanging branch, as previously explained.

A person may not establish on his property anything that harms his neighbor—such as a public bath, bakery, kitchen, café whose nuisance spreads, a workshop whose movement and noise disturb him, or windows that look into the neighbor’s house.

When a wall is jointly owned by two neighbors, it is forbidden for either of them to alter it—by making an opening or inserting a peg—without the other’s permission. Likewise, he may not place beams on the shared wall, or on a wall that belongs solely to his neighbor, except in case of necessity. If roofing cannot be achieved without doing so, and the wall can bear the weight, he may then be allowed to place the beams, in light of the hadith of Abu Hurayrah—may Allah be pleased with him—who traced it back to the Prophet ﷺ: “A neighbor should not prevent his neighbor from placing his beam on his wall.” Abu Hurayrah then said, “Why do I see you turning away from this? By Allah, I will hurl it between your shoulders.” The hadith is agreed upon.