Some of them said: If it is on a main street through which armies and heavy loads pass, it should be at a height that, if a horseman passes through it with his lance raised, it does not reach it. Most of them said: It is not measured by that; rather, it should be such that it does not harm the 'Ammariyat (covered litters carried on a beast) (78) or the Mahamil (palanquins). Our position is that this is building upon the property of another without his permission, so it is not permissible, just like building a stone bench (Dakka) or building such a structure in a private road (cul-de-sac) without the permission of its inhabitants. It differs from simply passing through the road, for the road was established for that purpose, and there is no harm in it. Sitting does not last, and it is not possible to avoid it. Moreover, we do not concede that there is no harm in it, for it darkens the road, blocks the light, and it may collapse upon passersby, or something may fall from it. Furthermore, the ground level may rise with the passage of time, causing it to strike people's heads, obstruct the passage of animals carrying loads, and block the road to everyone except pedestrians. We have seen much of this. That which leads to harm in the future must be prohibited from its inception, just as if one intended to build a wall leaning into the road that is feared to collapse upon those passing through it. According to Abu Hanifa: It is building on shared property; if any of its owners prevented it, it would not be permitted, so it is not permissible without their consent, just as if one extended it into the air-space of a shared house. This is because it is not permissible for anyone else to dispose of a human's right without his permission, even if he is residing there, just as it is not permissible if he objects to it.

Section: It is not permissible to build a shop (Dukkan) in the road, without any disagreement that we are aware of, regardless of whether the road is wide or narrow, and whether the Imam has given permission for it or not. This is because it is building on another's property without his permission, and because it harms passersby, narrows the space for them, and causes the traveler to stumble, so it is not permissible, just as if the road were narrow.

Section: It is not permissible to build a shop, nor to project an eave (Rawshan), nor a Sabat over a private road (cul-de-sac), except with the permission of its inhabitants. Al-Shafi'i held this view if the person does not have a door opening into the private road. If he does have a door opening into the private road, his companions (79) have differed: some of them forbade him from it as well, while others permitted him to extend a Janah or a Sabat, because he has a right of passage in the private road, so he possesses that right, just as he possesses it in a thoroughfare.