What is the ruling on a neighbor preventing his neighbor from building on his land on the pretext that his own land and crops will be harmed?
Scholars have differed regarding the harm resulting from an individual's action within their private property. The most sound opinion is that a person has the right to dispose of their property in a manner that is not considered extraordinary, even if it causes harm to their neighbor. Therefore, a neighbor is not prevented from undertaking ordinary construction on their land, even if it affects their neighbor's crops. This is because the fundamental principle is the permissibility of a person's disposition over their property. Preventing a person from disposing of their property in ways they need is a great harm, and harm is not removed by harm. If a person's exercise of their right inadvertently causes specific harm to others, and the rights-holder would be harmed by being prevented from their right, then this harm has no effect, and it is not permissible to prevent the rights-holder from their right.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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