Understanding the Islamic Rulings on Neighboring and Irrigation
What has come concerning the rulings, 19th Lesson | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
◾Benefits from Muntaqaa Ibn Al-Jarood, Chapter: what has come concerning the rulings,19th Lesson◾️
By Shaykh, the ‘Allaamah, the Trustworthy Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him
Some of the rulings pertaining to adjacency on a plantation and irrigation📚
↪️ And that which came before it were some rulings pertaining to adjacency on the pathway and that it be restricted to seven cubits in order to avoid differing.
↪️ Then it was followed up by the hadīth of Saīd bin Zaid in relation to the one who falls short in that regard and takes something wrongfully or without permission or stole is threatened with a severe punishment that whoever steals a piece of land will be caused to sink in the seven earths on the day of judgement
↪️ This is to clarify the categorization of the works of Imam Ibn ul-Jārūd may Allāh have mercy on him; that the categorizing of the hadīth and fiqh issues are good.
And paying attention to the chaptering and categorization of the scholars of hadeeth in their books gives a person talent in fiqh (religious jurisprudence).
1036 – Mahmūd bin Yahya narrated to us, he said Sufyān narrated to us, on the authority of Zuhri, on the authority of Al-A’raj, on the authority of Abī Hurairah, may Allāh be pleased with him that the Prophet ﷺ said: “If one of your neighbours seeks permission from you to place a piece of wood on a boundary then do not prevent him.” *So after Abū Hurairah finished the hadith they lowered their heads, he said: “Why is it that I see you turning away from this, by Allāh I will surely throw it between your shoulders.”*
The hadith is agreed upon
Men of the chain
Mahmūd bin Aādam: Mirwazi thiqqah
Sufyan: Ibn Uyainah Abū Muhammad Al-Hilālī.
On the authority of Az-Zuhri: Muhammad bin Muslim bin Ubaidillah bin Shihāb Az-Zuhri from Bani Zuhrah
On the authority of Al-A’raj: He is Abdurrahman bin Hurmuz and Al-A’raj is his nickname.
On the authority of Abī Hurairah may Allāh be pleased with him: Adh-Dhahabi said: And the memorizers are (different) ranks, their prime is Abū Hurairah and for this reason the shiah hate him and fabricate lies upon him and from those lies is that Abū Hurairah was a coward and used to say lunch with Mu’āwiyah is more filling and praying being Alī is more complete and sitting on the mountain is more safer, and they lied, and there is no origin for this statement with an authentic chain and verily it is merely from the fabrications of the Rāfidhah upon him and what establishes his strength in knowledge and intellect and memory and enthusiasm for obtaining knowledge is the statement of the Prophet ﷺ said indeed I knew that no one else before you would ask me concerning this O Abā Hurairah from what I’ve seen from your enthusiasm for hadeeth.
↪️ And what points to his bravery opposite to what the Rāfidhah say is that when the Khawārij entered upon Uthmān may Allāh be pleased with him he withdrew his sword and wanted to fight the Khawārij in defence of Uthmān
So Uthmān said to him, I ask you by Allāh that you throw your sword.. so this establishes his bravery, and many of the authors have come in his defence (to this false claim).
To sum up, whoevers value becomes known his enemies increase whether it be from the Rawāfidh or other than them.
The chain of narration of the hadith with the author is authentic and agreed upon
Explanation of the hadith This hadīth contains the rights of the neighbour and the neighbour has rights from the Qurān and the Sunnah and consensus.
Allāh said:
(وَاعْبُدُوا اللَّهَ وَلَا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَىٰ وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ إِنَّ اللَّهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًا فَخُورًا)
“Worship Allah and join none with Him in worship, and do good to parents, kinsfolk, orphans, Al-Masakin (the poor), the neighbour who is near of kin, the neighbour who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allah does not like such as are proud and boastful;”
↪️ And from the rights is refraining from harming him, the Prophet ﷺ said: “By Allāh he does not believe, By Allāh he does not believe, By Allah he does not believe, the one whose neighbour is not free from his wrongdoings.”
So refraining from harming one’s neighbour is obligatory
And it is his right to be honoured…whoever believes in Allāh and the last day then let him honour his neighbour; and honouring is known in the language of the Arabs and the neighbours are many and every time they are closer then it is better.
As is said:
They blame me for selling my house at a cheap price
And they don’t know that a neighbour there is the reason for its reduction, so I said to them cease in your blame of me for verily it is by the neighbour that the house (prices)are raised or reduced
For verily the Prophet ﷺ sought refuge from the bad neighbour in the place of residence:
And likewise are the neighbours in plantations and dwellings and countries and nations.
↪️ And it has come from Al-Hasan that the neighbours are forty on the right and left, and it is said the intent is the direct neighbour, and it is said the whoever prays the morning prayer with you is considered a neighbour,
And on the authority of Aā’ishah that the limit of the neighbour is forty houses, and it is said the people of a city or town are considered neighbours, and Ibn Uthaimīn said that the neighbour is the one directly next to your house and it returns to the custom of the people.
↪️ And the conclusion: that there is nothing established with evidence of the neighbours being forty and that it returns to the custom of the people whether it be few or plenty, and like so the neighbour who is a muslim relative has the rights of a neighbour, the rights of a Muslim and the rights of a relative.
And his statement place a khashabah (piece of wood) and it is said the plural is khashab and it is said khashaban, and in one wording of the hadith the edge of his wood, and all of these wordings point towards the plural, to sum up if harm is caused it is not binding on him to allow him.
Issue: is it allowed for him to place wood on the wall of his neighbour without seeking permission if no harm is caused. Al-Qurtubi deemed to be the most correct statement of the majority of scholars that there has to be permission from the owner so that he is content.
And they said two conditions are binding
The first: That there is no harm caused to him
And that there is no place on his property that he can place a pillar whereby he is not indeed on the wall of his neighbour.
The conclusion: that the companions used to judge by this (obligation), with what does not cause harm, as for now the majority of scholars do not bind the house owner to give him permission.
And his statement he should not prevent his neighbour, the intent is the direct neighbour.
And they unanimously agreed that there should not be any harm caused to his neighbour in placing this wood.
The statement that it is obligatory according to the level of need, and that if he is not in need he does not let him and there is nothing upon him.
And his statement why is it that I see you turning away from this: meaning from this Sunnah.
Benefit: Whoever calls Allāh should be patient even if no one listens for he is rewarded.
And dawah could be in the sittings of qaat and in their sittings in the markets.
Issue: The ruling of opening the window to the house of the neighbours? If there is harm in it it is prohibited and if there is no harm it is not prohibited. And he doesn’t let the waterspout pour into the courtyard of his neighbour.
And what enters into this ruling is the wall of the masjid and the wall of the orphan.
Chapter of neighbouring on plantation and the ruling of releasing irrigation water from the upper to lower
Hadith Zubair bin Al-Awwām may Allāh be pleased with him 1037 and the hadīth is authentic and agreed upon… Irrigate O Zubair then release the water to your neighbour.
↪️ And in this hadith are many chapters of fiqh.
At the occurrence of differing it is raised to a handspan and this is the legal ruling.
Benefit: The ruler guides to reconciliation if they accept it and if not then he returns to the original ruling.
Benefit: That the highest level of irrigation water which is sufficient is a handspan then to the next one and so on.
And in it is pardoning concerning the disputant.
Transcribed to Arabic and summarised by:
Hamood Ath-Thawaabi
may Allah reward him with good
on the 5th, Jumāda Al-Oulā, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi