In his new (jadid) position, he said: He is not permitted to place it. This is the position of Abu Hanifa and Malik, because it is a utilization of another's property without necessity, so it is not permitted, just like cultivating it. As for us, we rely on the report (al-khabar), and because it is a utilization of his neighbor's wall in a manner that does not harm it, resembling leaning against it or seeking shade under it. It differs from cultivation, for that causes harm and no necessity calls for it. Once this is established, Al-Qadi and Abu al-Khattab stipulated for permissibility that he must possess three walls, and his neighbor possess one. This is not found in the speech of Ahmad. He merely said, in the narration of Abu Dawud: He shall not prevent him if there is no harm and the wall remains intact. Furthermore, installing a roof may be impossible on two walls if they are not parallel, or if the room is wide, requiring him to place a beam (jisr) across, and then placing the wooden beams on that beam. It is more appropriate to consider it based on what we have mentioned regarding the consideration of roofing without it. There is no difference in what we have mentioned between an adult, an orphan, a mentally incapacitated person, and a rational person, due to what we have mentioned. And Allah knows best.

Section: As for placing it in the wall of a mosque, if the two conditions are met, there are two narrations from Ahmad regarding it. The first is permissibility, because if it is permitted in the neighbor's property, even though his right is built upon stinginess and restriction, then it is more so in the rights of Allah the Almighty, which are built upon leniency and ease. The second is that it is not permitted. This was reported by Abu Talib, because analogy requires prohibition regarding everyone's right; it was abandoned regarding the neighbor's right due to the report narrated concerning it, so it must remain as is in other cases based on the requirements of analogy. This is the choice of Abu Bakr. Abu al-Khattab derived from this narration an opinion for the prohibition of placing beams in the property of a neighbor, because if he is prohibited from placing beams in a wall shared between Muslims, even though the placer has a right to it, then being prohibited from that which is exclusively owned by another is more appropriate. Also, if he is prohibited regarding a right of Allah the Almighty, even though His right is based on leniency and ease due to the richness and generosity of Allah, then being prohibited regarding the right of a human being, with his stinginess and restriction, is more appropriate. [The first school of thought is the correct one] (91). If it is said: Why do you not permit opening an arch or a door in the wall, by analogy to placing beams? We say: Because the beams support the wall and benefit it, unlike the arch and the door, for they weaken the wall, as it remains open in the wall, whereas the one who opens it for the beam blocks it back up with it, and because necessity calls for placing beams, unlike other things.