Hadith 1609

حَدَّثَنَا يَحْيَى بْنُ يَحْيَى ، قَالَ : قَرَأْتُ عَلَى مَالِكٍ ، عَنْ ابْنِ شِهَابٍ ، عَنْ الْأَعْرَجِ ، عَنْ أَبِي هُرَيْرَةَ : أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " لَا يَمْنَعْ أَحَدُكُمْ جَارَهُ أَنْ يَغْرِزَ خَشَبَةً فِي جِدَارِهِ " ، قَالَ ثُمَّ يَقُولُ أَبُو هُرَيْرَةَ : مَا لِي أَرَاكُمْ عَنْهَا مُعْرِضِينَ ، وَاللَّهِ لَأَرْمِيَنَّ بِهَا بَيْنَ أَكْتَافِكُمْ ،
Abu Hurairah (RA) reported Allah's Messenger (ﷺ) as saying: None among you should prevent his neighbour from fixing a beam in his wall. Abu Hurairah (RA) then said: What is this that I see you evading (this injunction of the Holy Prophet)? By Allah, I will certainly throw it between your shoulders (narrate this to you.)
Hadith Reference صحيح مسلم / كتاب المساقاة / 1609
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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حَدَّثَنَا زُهَيْرُ بْنُ حَرْبٍ ، حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ . ح وحَدَّثَنِي أَبُو الطَّاهِرِ ، وَحَرْمَلَةُ بْنُ يَحْيَى ، قَالَا : أَخْبَرَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ . ح وحَدَّثَنَا عَبْدُ بْنُ حُمَيْدٍ ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ كُلُّهُمْ ، عَنْ الزُّهْرِيِّ بِهَذَا الْإِسْنَادِ نَحْوَهُ .
This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.
Hadith Reference صحيح مسلم / كتاب المساقاة / 1609
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Or by placing a single bracket, because in the hadith both forms—plural and singular—are transmitted.
Imam Shafi'i (rahimahullah) said that this ruling is recommended (mustahabb); otherwise, no one has the right to place brackets on a neighbor's wall without his permission.
This is also the view of the Malikis and Hanafis.
According to Imam Ahmad, Ishaq, and the Ahl al-Hadith, this ruling is obligatory (wajib): if a neighbor wishes to place brackets on his neighbor's wall, then the owner of the wall is not permitted to prevent him.
This is because there is no harm in it, and the wall is strengthened thereby,
even if it is necessary to make a hole in the wall.
Imam Bayhaqi said: This is also the earlier (qadim) view of Shafi'i (rahimahullah), and no one can give a ruling contrary to the hadith, and this hadith is authentic (sahih).
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2463
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is understood that if a neighbor wishes to place any wood or girder, etc., on the wall, it is not permissible for the owner of the wall to prevent him, because there is no harm in this; rather, by doing so, the wall becomes stronger. However, it is not permissible to break or damage the wall, because one should not make any disposition in someone’s property without their permission.
It is better that, when constructing the wall, it should be made jointly with regard to space and expenses, so that both parties may benefit from it.
If a single person wishes to make it one brick thick, then jointly it should be made one and a half bricks thick, that is, thirteen and a half (13½) inches thick.
In any case, if there is no risk of damage to the wall, the neighbor should not prevent the use of the wall, and should willingly grant permission to place a beam or girder upon it.
(2)
At the end of the hadith, the threatening statement of Abu Hurairah (radi Allahu anhu) is narrated.
This refers to the time when he was appointed as the governor of Madinah Tayyibah during the rule of Marwan.
In this is an expression of his displeasure.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2463
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: Among the essential rights of neighborliness is that, while acting with kindness, one should never prevent the placing of a beam or rafters, or the fixing of a peg, on the shared wall.
However, the fundamental condition is that no one should cause harm or injustice to another.
Oppressive people, on the basis of this concession, have started to claim ownership rights.
Observe the following narration.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3634
Maulana Ataullah Sajid
Benefits and Issues:


By embedding wood in the wall is meant either driving in a peg or the like, or it refers to placing a beam on the wall to construct a roof.


One interpretation of striking on the shoulders is that, whether you like it or not, I will continue to convey this Islamic ruling to you, and you will have to act upon it.


There are certain occasions when expressing anger in preaching is permissible; that is, when it is felt that anger will have a greater effect on the listeners, then this method is also correct. However, making it a general habit is not appropriate.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2335
Hafiz Zubair Ali Zai
Hadith Authentication:
[وأخرجه البخاري 2463، ومسلم 136/1609، من حديث مالك به]

Jurisprudential Understanding
➊ In this hadith, the ruling regarding the permission to place wood on a wall is not obligatory but rather recommended, because the Messenger of Allah sallallahu alayhi wa sallam said: “The wealth of a (Muslim) brother is not lawful except with his consent.” [مسند أحمد 5/425 ح23605 أ، وسنده صحيح] See also: [التمهيد [10/222]
➋ If there is a fear of harm from the neighbor, such that later he might seize possession of the wall, then in order to protect one’s own wall, he may be prevented from placing wood on it, because protecting one’s own property is also established by the evidences of the Shari’ah.
➌ Whether people are pleased or displeased, it is the characteristic of a believer to continue narrating authentic ahadith.
➍ Swearing an oath in support of a correct statement is permissible.
➎ It is entirely possible that the meaning of a hadith or verse may not be understood by some people; therefore, they should refer to the scholars of truth.
➏ From this hadith, the truthfulness and boldness of Sayyiduna Abu Hurairah radi Allahu anhu is evident.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 82
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، المظالم، باب لا يمنع جار جاره أن يغرز خشبة في جداره، حديث:2463، ومسلم، المساقاة، باب غرر الخشبة في جدار الجار، حديث:1609.»©Explanation:
This hadith indicates the rights of one neighbor over another, namely that they should cooperate and assist each other during construction.
It is also among the rights of neighborliness that if a neighbor wishes to place his beam or his lintel on the wall of his neighbor, then he should not face any obstruction, provided that the wall is capable of bearing it.
According to Imam Ahmad and Ishaq rahimahumallah, this ruling is obligatory (wajib).
If he does not allow it, he will be sinful, and if the neighbor does not pardon him, he will certainly receive the punishment for this sin from Allah.
According to the rest of the imams, this prohibition is of a discouraging (tanzihi) nature; however, the position of Imam Ahmad rahimahullah and others appears to be the stronger opinion, because the severe objection of Abu Hurairah radi Allahu anhu to such people supports this.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 736
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
In this hadith, it is stated that a neighbor has the right, after obtaining your permission, to place a beam or similar item for his house’s roof upon your wall. Furthermore, this hadith also shows how much Abu Hurairah (radi Allahu anhu) himself acted upon the Qur’an and hadith and encouraged others to do so. Because he was a governor, he adopted a strict approach, and even more than that, he could not tolerate any opposition to the hadith.

This hadith teaches Muslims to maintain ties of kinship among themselves. In some regions, by the grace of Allah, this hadith is acted upon extensively, but in other regions, it is greatly opposed. In reality, in the present era, deception is widespread: whoever places a beam on someone’s wall, later claims ownership of that wall. This approach is incorrect and is the acquisition of something unlawful (haram).
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1107
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this hadith, it is understood that one should not drink water by putting one’s mouth directly on a large vessel, such as a pitcher, a large pot, or in short, any large container. From this, it is also established that water is a great blessing from Allah.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1173