What is the ruling of Islamic law concerning a carpentry workshop that causes harm and disturbance to neighbors, does not comply with the closure order, in addition to carrying out its work in the street, and a place for raising livestock that causes disturbance at night?
In summary, a neighbor is forbidden from harming his neighbor and commanded to treat him with kindness. At the same time, an owner is permitted to dispose of his property in any lawful way. The two are reconciled by restricting the owner's disposal of his property to that which removes significant or unusual harm inflicted upon the neighbor. The assessment of what constitutes such harm is a matter of disagreement among scholars, and if a dispute arises, the judiciary is the arbiter. Ibn Qudamah stated that actions harming a neighbor are prohibited, citing the noble Hadith, "There should be no harm nor reciprocating harm," and that minor, customary harm is not prohibited. The Kuwaiti Fiqh Encyclopedia mentioned that the Malikis, Hanbalis, and Hanafis (in their fatwa) believe that an owner is prevented from disposing of his property if it results in clear harm to a neighbor, whereas the Shafi'is believe that an owner may dispose of his property even if his neighbor is harmed, as long as it does not exceed what is customary. As for what the questioner mentioned concerning disturbance, noise, harmful chemical substances, violating the sanctity of the home, and the spread of bothersome animals, all of this constitutes unusual harm that must be removed. Maliki jurists and others have explicitly stated the prohibition of such harms.
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