and the paucity of affection they show toward their own kin.
If a person builds or plants on land jointly owned by him and another without the latter’s permission—or while that partner is away—the land must first be divided between them. Should the structure fall within the builder’s own share, the building is his, but he must pay rent proportionate to the benefit he derived from his partner’s portion. If, however, the building or planting lies in the partner’s share, the partner may choose between taking from the builder the value of the structure as though dismantled or the value of the planting as though uprooted, or compelling him to remove what he erected and carry it away. In every case the partner is entitled to rent from the builder equal to the use he made of the absent partner’s share.
If the construction took place while the partner was present, the partner has no ground to object or sue, for his silent presence counts as consent.
No one may be stopped from erecting on his own property any wall or structure he wishes, whether or not it deprives the neighbor of light or air—except when the neighbor already has a window that brings him needed light and the new building is attached so closely as to block it. In that case the builder is restrained. Yet if the owner makes, opposite his neighbor’s window, an opening of the same size in his own wall so that the neighbor continues to receive the previous benefit of light and the like, he is permitted to do so.
Anyone who wishes to open a window overlooking his neighbor and thereby see into the latter’s house is prevented by the judge, for this harms domestic privacy, disturbs comfort, and compromises the household’s concealment. He is not, however, prevented from making as many high-level windows for light as he wishes, provided no one can look through them at what goes on in the courtyard or rooms, nor at anyone standing there; the standard is that even if a man stood on a bed he would still be unable to overlook another person.
All of this rests on juristic preference (istihsan) and independent reasoning aimed at removing harm. Ibn ʿAbd al-Ḥakam reported from Malik that a man is permitted to raise