Amr ibn Ash-Sharid narrated from his father that a man said: “O Messenger of Allah, my land has no partnership or division, only neighborhood.” The Messenger of Allah (ﷺ) said: “The neighbor is most entitled to his proximity.” [Narrated by An-Nasa’i and Ibn Majah]. Bukhari narrated similarly. In Al-Bazzar and Ad-Daraqutni’s narration: A man said, “O Messenger of Allah, my land has no partnership or division, only neighborhood.” He said, “The neighbor is most entitled to the preemption of what is.” [From Al-Marqah].

(1) “The neighbor is most entitled…”: Muslims agree on preemption for a partner in undivided immovable property, to remove harm. It is limited to immovable property due to its greater harm. There is no preemption in animals, clothes, or movables. For divided property, preemption applies to the partner in the sold item or its rights, like water or paths. The dispute is over preemption for a neighbor without partnership. Al-Awza‘i, Al-Layth, Malik, Ash-Shafi‘i, Ahmad, and Abu Thawr say preemption is only for an undivided partner. An-Nakha‘i, Shurayh, Ath-Thawri, Amr ibn Harith, Al-Hasan ibn Hayy, Qatadah, Al-Hasan Al-Basri, Hammad ibn Sulayman, Abu Hanifah, Abu Yusuf, and Muhammad say preemption applies to lands, houses, and orchards for an undivided partner, then a divided partner with shared rights, then the adjacent neighbor. This chapter’s hadiths support us. Ar-Ruyani, a Shafi‘i, said some colleagues favor this, and it is preferred. Ibn Abdul-Barr in Al-Istidhkar narrates that Umar wrote to Shurayh to rule preemption for neighbors, and he did. Sufyan narrated from Ibrahim ibn Maysarah that Umar ibn Abdul-Aziz wrote: “If boundaries are set, there is no preemption.” Tawus said neighbors are most entitled. The hadiths of An-Nasa’i and Ibn Majah explicitly support neighbor preemption, refuting the interpretation of “neighbor” as partner. Bukhari’s narration from Jabir: The Prophet (ﷺ) ruled preemption in all undivided property; if boundaries and paths are set, there is no preemption. Al-Khattabi said this clearly negates preemption for non-partners, supporting Ash-Shafi‘i. Hanafis say “no preemption” means no preemption for partnership. Preemption arises from three causes: partnership in the sold item, partnership in its rights, and neighborhood. If divided and paths set, partnership-based preemption ceases, but neighbor-based preemption remains, per An-Nasa’i and Ibn Majah. “If boundaries and paths are set, no preemption” is Jabir’s statement, not the Prophet’s. Al-Kirmani said At-Taymi quoted Ash-Shafi‘i: Preemption is for partners, and Abu Hanifah says for neighbors, and this hadith opposes him. I say: This is odd, as Abu Hanifah says preemption is for partners in the sold item, then its rights, then neighbors. He acted on both hadiths, unlike others who favored one with weak interpretations. [From Al-Binayah, Umdat Al-Qari, and Badhl Al-Majhud].

Note: Bukhari leans toward Hanafis and included the neighbor preemption hadith in his Sahih. [From Al-Kawkab Ad-Durri].

Amr ibn Ash-Sharid narrated from his father that a man said: “O Messenger of Allah, my land has no partnership or division, only neighborhood.” The Messenger of Allah (ﷺ) said: “The neighbor is most entitled to his proximity.” [Narrated by An-Nasa’i and Ibn Majah]. Bukhari narrated similarly. In Al-Bazzar and Ad-Daraqutni’s narration: A man said, “O Messenger of Allah, my land has no partnership or division, only neighborhood.” He said, “The neighbor is most entitled to the preemption of what is.” [From Al-Marqah].

(1) “The neighbor is most entitled…”: Muslims agree on preemption for a partner in undivided immovable property, to remove harm. It is limited to immovable property due to its greater harm. There is no preemption in animals, clothes, or movables. For divided property, preemption applies to the partner in the sold item or its rights, like water or paths. The dispute is over preemption for a neighbor without partnership. Al-Awza‘i, Al-Layth, Malik, Ash-Shafi‘i, Ahmad, and Abu Thawr say preemption is only for an undivided partner. An-Nakha‘i, Shurayh, Ath-Thawri, Amr ibn Harith, Al-Hasan ibn Hayy, Qatadah, Al-Hasan Al-Basri, Hammad ibn Sulayman, Abu Hanifah, Abu Yusuf, and Muhammad say preemption applies to lands, houses, and orchards for an undivided partner, then a divided partner with shared rights, then the adjacent neighbor. This chapter’s hadiths support us. Ar-Ruyani, a Shafi‘i, said some colleagues favor this, and it is preferred. Ibn Abdul-Barr in Al-Istidhkar narrates that Umar wrote to Shurayh to rule preemption for neighbors, and he did. Sufyan narrated from Ibrahim ibn Maysarah that Umar ibn Abdul-Aziz wrote: “If boundaries are set, there is no preemption.” Tawus said neighbors are most entitled. The hadiths of An-Nasa’i and Ibn Majah explicitly support neighbor preemption, refuting the interpretation of “neighbor” as partner. Bukhari’s narration from Jabir: The Prophet (ﷺ) ruled preemption in all undivided property; if boundaries and paths are set, there is no preemption. Al-Khattabi said this clearly negates preemption for non-partners, supporting Ash-Shafi‘i. Hanafis say “no preemption” means no preemption for partnership. Preemption arises from three causes: partnership in the sold item, partnership in its rights, and neighborhood. If divided and paths set, partnership-based preemption ceases, but neighbor-based preemption remains, per An-Nasa’i and Ibn Majah. “If boundaries and paths are set, no preemption” is Jabir’s statement, not the Prophet’s. Al-Kirmani said At-Taymi quoted Ash-Shafi‘i: Preemption is for partners, and Abu Hanifah says for neighbors, and this hadith opposes him. I say: This is odd, as Abu Hanifah says preemption is for partners in the sold item, then its rights, then neighbors. He acted on both hadiths, unlike others who favored one with weak interpretations. [From Al-Binayah, Umdat Al-Qari, and Badhl Al-Majhud].

Note: Bukhari leans toward Hanafis and included the neighbor preemption hadith in his Sahih. [From Al-Kawkab Ad-Durri].

Ali and Abdullah narrated that the Messenger of Allah (ﷺ) ruled preemption for neighbors. [Narrated by Ibn Abi Shaybah and At-Tahawi]. Abu Dawud narrated from Samurah that the Prophet (ﷺ) said: “The neighbor of a house is most entitled to the house or land.” At-Tirmidhi and Ahmad narrated similarly. At-Tabarani, Ibn Abi Shaybah, and Ahmad narrated: “The neighbor of a house is most entitled to its preemption.” [From Al-Marqah].

Ali and Abdullah narrated that the Messenger of Allah (ﷺ) ruled preemption for neighbors. [Narrated by Ibn Abi Shaybah and At-Tahawi]. Abu Dawud narrated from Samurah that the Prophet (ﷺ) said: “The neighbor of a house is most entitled to the house or land.” At-Tirmidhi and Ahmad narrated similarly. At-Tabarani, Ibn Abi Shaybah, and Ahmad narrated: “The neighbor of a house is most entitled to its preemption.” [From Al-Marqah].

Ali and Abdullah narrated that the Messenger of Allah (ﷺ) ruled preemption for neighbors. [Narrated by Ibn Abi Shaybah and At-Tahawi]. Abu Dawud narrated from Samurah that the Prophet (ﷺ) said: “The neighbor of a house is most entitled to the house or land.” At-Tirmidhi and Ahmad narrated similarly. At-Tabarani, Ibn Abi Shaybah, and Ahmad narrated: “The neighbor of a house is most entitled to its preemption.” [From Al-Marqah].

Ash-Sharid ibn Suwayd narrated that the Messenger of Allah (ﷺ) said: “The neighbor and partner are most entitled to preemption; he takes it or leaves it.” [Narrated by An-Nasa’i, Ibn Majah, and At-Tahawi].

(1) “And partner”: The conjunction indicates distinction. [From Tansiq An-Nizam].

(2) Narrated by An-Nasa’i…: As stated in Tansiq An-Nizam. [From Tansiq An-Nizam].

The one who is steadfast in his faith, meaning the one who is sincere, is more deserving of intercession than the one who is more eloquent in speech. And the one who is sincere, meaning the one who is pure and righteous, is more deserving of intercession than the one who is merely outwardly pious. And the one who is outwardly pious, meaning the one who remains connected to the community, is more deserving than those who are not connected.

In the explanation of intercession, if a person in need of intercession has a right to intercede and a person in need of assistance has a right to intercede, then if the former is absent, the right to intercede does not become invalid.

Jabir narrated that the Messenger of Allah (ﷺ) said: “The neighbor is most entitled to his preemption; he is waited for even if absent, if their paths are one.” [Narrated by Ahmad, At-Tirmidhi, Abu Dawud, Ibn Majah, and Ad-Darimi].

(1) “Even if absent”: The absent has preemption rights with three demands: immediate claim, witnessing, and litigation. [From Arf Ash-Shadhi]. Al-Inayah says his right persists during absence, as absence does not negate an established right.

(2) “If their paths are one”: This establishes preemption for a co-owner in the sold item’s rights, like water or paths. [From Al-Hidayah]. Those affirming preemption in divided property with shared paths cite this hadith. [From Al-Marqah].

Ibn Abbas narrated that the Prophet (ﷺ) said: “The partner is a preemptor, and preemption is in everything.” [Narrated by At-Tirmidhi]. He said it was narrated mursal from Ibn Abi Mulaykah, which is sounder. As-Sahawi narrated from Ibn Abbas: “There is no preemption in animals.” [From Al-Marqah].

(1) “The partner is a preemptor”: This indicates preemption is obligatory for the co-owner in the sold item, then in its rights. [From Sharh Ma‘ani Al-Athar].

(2) “Preemption is in everything”: This includes divisible and indivisible property, but the four Imams limit it to immovables by consensus, per Ibn Abbas’s narration. [From Al-Hidayah and At-Tahawi].

It is a marasil narration from Karim ﷺ, and the muhadith (RA) considered it to be more sahih (authentic) in this form.

The Messenger of Allah ﷺ said: 'There is no intercession in animals (nor in such garments and instruments which are movable property).'

Jabir narrated that the Messenger of Allah (ﷺ) said: “There is no preemption except in a house or orchard, and he should not sell until consulting his partner. If he wishes, he takes; if not, he leaves.” [Narrated by Al-Bazzar]. Muslim’s narration: “If he sells without permission, he is most entitled to it.” Bukhari narrated from him: “The Prophet (ﷺ) ruled preemption in all undivided property.” [From Al-Marqah].

(1) “No preemption except in a house or orchard”: This indicates preemption is limited to immovable property like lands, houses, and orchards, not movables like goods or animals, per most scholars. [From Al-Marqah].

(2) “In all undivided property”: This establishes preemption for partners in undivided property, whether divisible or not. Ash-Shafi‘i says there is no preemption in indivisible property. This hadith’s generality opposes him. Mentioning undivided property does not negate the ruling for others. [From Al-Marqah and Ibn Al-Malik].

In a narration from Muslim, it is stated that if a slave (a non-transferable possession) is not specified, then the one who has more right to the (non-transferable possession) is the owner (of the slave).

Jabir narrated that the Messenger of Allah (ﷺ) said: “The neighbor is most entitled to his preemption; he is waited for even if absent, if their paths are one.” [Narrated by Ahmad, At-Tirmidhi, Abu Dawud, Ibn Majah, and Ad-Darimi].

(1) “Even if absent”: The absent has preemption rights with three demands: immediate claim, witnessing, and litigation. [From Arf Ash-Shadhi]. Al-Inayah says his right persists during absence, as absence does not negate an established right.

(2) “If their paths are one”: This establishes preemption for a co-owner in the sold item’s rights, like water or paths. [From Al-Hidayah]. Those affirming preemption in divided property with shared paths cite this hadith. [From Al-Marqah].

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: “A neighbor must not prevent his neighbor from fixing his wood in his wall.” [Agreed upon].

(1) “Must not prevent…”: This is recommended, not obligatory. Al-Nawawi said scholars differ on whether this is recommended or obligatory. Ash-Shafi‘i has two views, Malik’s companions favor recommendation, as do Hanafis. The second view, obligation, is held by Ahmad and hadith scholars. [From Al-Marqah].

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: “If you dispute over a path, make its width seven cubits.” [Narrated by Muslim].

(1) “Seven cubits”: Hanafis say a path’s length and width are like a door’s. “Length” means height, prohibiting building above the height limit. This hadith does not oppose us. At-Tahawi in Mushkil Al-Athar says it applies to new paths; old paths remain as is, per Bukhari. If a path exists among people’s land and they wish to build, they agree on its size; if disputed, it is seven cubits. If an existing path exceeds seven cubits, no one may encroach. Ath-Thawab Al-Hali says seven cubits is not a fixed limit but based on need. [From Arf Ash-Shadhi and Al-Luma‘at].

Sa‘id ibn Hurayth narrated that he heard the Messenger of Allah (ﷺ) say: “Whoever sells a house or land deserves no blessing unless he invests it in its like.” [Narrated by Ibn Majah and Ad-Darimi].

(1) “Deserves no blessing…”: Selling lands or houses and spending their price on movables is disliked, as immovables have many benefits, little risk, and are not easily stolen or raided, unlike movables. It is better not to sell, but if sold, the price should be reinvested in land or houses. [From Al-Marqah].

Abdullah ibn Hubaysh narrated that the Messenger of Allah (ﷺ) said: “Whoever cuts a sidr tree, Allah will plunge his head into the Fire.” [Narrated by Abu Dawud]. He said this hadith is abbreviated, meaning whoever cuts a sidr tree in a desert where travelers and animals seek its shade, unjustly without right, Allah will plunge his head into the Fire. [From Al-Marqah].

(2) “Cuts a sidr tree…”: The sidr’s shade is cooler, but the ruling applies to any tree providing shade for people or animals. The hadith is shaky, as its narrator Urwah cut sidr for doors, and scholars agree cutting it is permissible. [From Al-Marqah and Al-Luma‘at].