neighbor's walls, or lighting a fire that spreads to burning them. They said: "In this case, the fire he ignited and the water he released spread, so he was considered a releaser of that into the property of another, resembling one who released it toward it intentionally." We say: The smoke is a component of the fire he ignited, so he was a releaser of it into his neighbor's property; it is therefore like the components of the fire and the water. As for the smoke from bread and cooking, its harm is slight, it cannot be guarded against, and it is subject to forbearance.

Section: If the surface of one of them is higher than the surface of the other, the owner of the higher one may not ascend upon his surface in a manner that overlooks his neighbor's surface, unless he builds a partition that conceals him. Al-Shafi'i said: He is not obligated to construct a partition; because this is a barrier between their two properties, so neither of them can be compelled to build it, similar to the lower floor. Our evidence is that this is an act of harm to his neighbor, so he is prohibited from it, like pounding that shakes the walls, because he exposes his neighbor and looks upon his private family matters (hurum), so it is similar to one who looks upon him through the crack of his door or an aperture (khasas). The prohibition of this has been demonstrated by the saying of the Prophet (may Allah bless him and grant him peace): "If a man looks at you without permission, and you throw a pebble at him and put out his eye, there is no blame upon you." It differs from the lower floor; for his disposal does not harm the higher one, nor does it expose his house.

Section: If there is an open space of a wall between them, and they agree to divide it lengthwise, that is permissible, whether they agree to divide it lengthwise or widthwise; because it is their property, and it does not leave their ownership. If they disagree, and one of them requests to divide it lengthwise—which means he is given half the length across the entire width, and the other is given the same—our companions said: The one who refuses is compelled to agree to the division. This is the school of Al-Shafi'i;