in a way that harms it, is not permissible, just like demolishing it. It is also not permissible for him to do any of that to his neighbor's wall, by way of priority; for if it is not permissible regarding that in which he has a right, then it is certainly not permissible regarding that in which he has no right. If he reaches a settlement with him regarding that in exchange for compensation, it is permissible. As for leaning against it, or propping something against it that does not harm it, there is no harm in that, for it causes no damage and it is impossible to avoid it, resembling seeking shade under it.
Section: As for placing his wooden beam upon it, if it harms the wall because it is too weak to bear it, it is not permissible, without any disagreement that we are aware of, due to what we have mentioned and the saying of the Messenger of Allah, peace and blessings of Allah be upon him: "There shall be no harm and no reciprocation of harm" (87). If it does not harm it, but there is no necessity for placing his beam upon it because it is possible to place it elsewhere, most of our companions stated: It is also not permissible. This is the position of Al-Shafi'i and Abu Thawr. This is because it is a utilization of another's property without his permission and without necessity, so it is not permissible, like building a wall upon it. Ibn Aqil indicated its permissibility, due to what Abu Hurayrah narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said: "Let no one among you prevent his neighbor from placing his beam upon his wall." This is agreed upon (88). And because that which has been permitted for [general] need [does not require the proof of actual necessity] (89), such as taking a share by preemption from the buyer, rescission due to an option or a defect, keeping a dog for hunting, the permissibility of advance sale (salam), travel concessions, and other such matters. However, if necessity calls for placing it on his neighbor's wall, or a shared wall, such that he cannot install a roof without it, then it is permissible for him to place it without the partner's permission. This was the view of Al-Shafi'i in his earlier (qadim) position.
(87) In the original and B: "idrar" (harming). The verification of the hadith was previously mentioned in 4/140. (88) Narrated by Al-Bukhari, in: The Chapter on No Neighbor Shall Prevent His Neighbor from Fixing a Beam in His Wall, from the Book of Grievances (Kitab al-Mazalim), and in: The Chapter on Drinking from the Mouth of the Waterskin, from the Book of Drinks (Kitab al-Ashriba). Sahih al-Bukhari 3/173, 7/145. And Muslim, in: The Chapter on Fixing a Beam in a Neighbor's Wall, from the Book of Irrigation (Kitab al-Musaqat). Sahih Muslim 3/1230. It was also narrated by Abu Dawud, in: The Chapter of Chapters on Judgments, from the Book of Judicial Procedures (Kitab al-Aqdiya). Sunan Abi Dawud 2/283. And Al-Tirmidhi, in: The Chapter on a Man Placing Beams on a Wall, from the Chapters on Rulings. Aridat al-Ahwadhi 6/105. And Ibn Majah, in: The Chapter on a Man Placing a Beam on His Neighbor's Wall, from the Book of Rulings. Sunan Ibn Majah 2/783. And Imam Malik, in: The Chapter on Judgment Regarding Utility, from the Book of Judicial Procedures (Kitab al-Aqdiya). Al-Muwatta 2/745. And Imam Ahmad, in: Al-Musnad 2/240, 274. (89) Omitted from: A. A scribal error.
