Friday, 25 July 2014

Bahaar-e-Shariat Volume 16 Blog Page 40

Chapter 32: The rights of neighbours

Allah عزوجل says

(وَاعْبُدُوا اللہَ وَلَا تُشْرِکُوۡا بِہٖ شَیْـًٔا وَّ بِالْوَالِدَیۡنِ اِحْسَانًا وَّبِذِی الْقُرْبٰی وَالْیَتٰمٰی وَالْمَسٰکِیۡنِ وَالْجَارِ ذِی الْقُرْبٰی وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنۡۢبِ وَابْنِ السَّبِیۡلِ ۙ وَمَا مَلَکَتْ اَیۡمَانُکُمْ ؕ اِنَّ اللہَ لَا یُحِبُّ مَنۡ کَانَ مُخْتَالًا فَخُوۡرَۨا ﴿ۙ۳۶﴾)  
‘And worship Allah, and do not join any partners with Him; and be good to parents, relatives, orphans, the needy, and neighbours who are near, and neighbours who are distant, the companions at beside you, the wayfarer (traveller) and to your bondsmen and bondswomen. Verily Allah loves not the egotistical, the conceited.’ [Surah 4 Verse 36]

Hadith 1: It is reported in Sahih Bukhari and Muslim on the authority of Abu Hurairah رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘By Allah, he is not a Momin, By Allah, he is not a true believer, By Allah, he is not a true believer!’ It was asked, ‘Who Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم?’ He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘That person whose neighbour is not safe from his wretchedness’.

Hadith 2: In Sahih Muslim it is reported on the authority of Anas رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘That person will not enter Paradise, whose neighbour is not safe from his wretchedness’.

Hadith 3: In Sahih Bukhari and Muslim it is reported on the authority of Umm-ul-Mo’mineen A’isha رضی اللہ تعالٰی عنہا that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Jibra’eel علیہ السلام constantly advised me regarding the rights of the neighbours, until such time that I felt that the neighbour might be appointed as an heir (inheritor)’.

Hadith 4: Tirmizi, Daarimi and Haakim reported on the authority of Abdullah bin Amr رضی اللہ تعالٰی عنہما that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘The best companion (friend) is the one who wishes what is good for his friend and the best among neighbours is the one who is a well-wisher to his neighbour’.

Hadith 5: Haakim reported in Mustadrak on the authority of Abu Hurairah رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘He who has Imaan in Allah and in the Last Day should honour his neighbour’.

Hadith 6: Ibn Majah reported from Abdullah ibn Mas’ud رضی اللہ تعالٰی عنہ that a person said in the presence of Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم ‘Ya Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم! How will I know if I have done good or bad?’ He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘If you hear your neighbour saying that you have done good, then verily you have done good and when you hear them saying that you have done wrong, then verily you have done wrong’.

Hadith 7: Baihaqi reported in Sha’bul Imaan on the authority of Abdur Rahmaan bin Abi Qirad رضی اللہ تعالٰی عنہ that one day, Nabi Kareem صلَّی اللہ تعالٰی علیہ وسلَّم performed wudu. The Sahaba-e-Kiraam took the water and began to rub it over their faces. Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘What is it that causes you to do this?’ They said, ‘The Love for Allah and His Rasool  صلَّی اللہ تعالٰی علیہ وسلَّم. Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Whosoever wishes to love Allah and His Rasool صلَّی اللہ تعالٰی علیہ وسلَّم or wishes that Allah and His Rasool صلَّی اللہ تعالٰی علیہ وسلَّم should love him, then when he speaks, he should speak the truth and when something is entrusted to him, he should discharge the trust, and he should be civil to his neighbours’.

Hadith 8: Baihaqi reported in Sha’bul Imaan on the authority of Ibn Ab’bas رضی اللہ تعالٰی عنہما says, ‘I heard Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم saying ‘A Momin is not one who eats a stomach full of food and his neighbour remains hungry beside him’. In other words, he is not a Momin Kaamil[1].

Hadith 9: Tabrani reported from Jaabir رضی اللہ تعالٰی عنہ that Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘When a person cooks a pot of food, he should allow for extra gravy, and he should share some of it with his neighbour as well’.

Hadith 10: Dailmi reported from Hazrat A’isha رضی اللہ تعالٰی عنہا that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘When the neighbour’s child comes over, then give him something in his hand. It will increase the love’.

Hadith 11: It is in Sahih Bukhari and Muslim on the authority of Abu Hurairah رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘If your neighbour wishes to place beams (rafter) on your wall, then do not refuse him to do so’. This ruling is on the basis of ‘Diyaanat’ (integrity). However legally (justifiably), one is allowed to refuse (such a request).

Hadith 12: Imam Ahmed and Baihaqi have reported in Sha’bul Imaan from Abu Hurairah رضی اللہ تعالٰی عنہ that a person asked ‘Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم! It is mentioned in regards to a certain lady that she performs Namaaz, fasts and gives Sadqa in abundance, but she also causes distress to her neighbours by way of her tongue (i.e. through harsh words)’. He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘She is in hell’. The person then said, ‘Ya Rasool’Allahصلَّی اللہ تعالٰی علیہ وسلَّم ! It is mentioned in regards to a certain lady that there is shortage in her Fasting, charity and Namaaz (in other words Nawaafil). She gives a piece of cheese in Sadqa, but she does not cause any discomfort to her neighbours by way of her tongue.’ He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘She is in Paradise’.

Hadith 13: Imam Ahmed and Baihaqi have reported from Abdullah bin Mas’ud رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Allah ta’aala distributed character amongst you, just as He distributed sustenance. Allah gives the world (materialistic things) to the one who is dear to Him and also to the one who is not dear to Him, but He gives Deen (True Religion of Islam) only to him, who is beloved and dear to Him. Thus, to whomsoever Allah has given Deen, He has made him his beloved. I swear by Him in Whose Divine Power is my life! A servant can never be a Muslim unless his heart and tongue is Muslim. In other words, he is not regarded as a believer unless he affirms with the heart and declares with the tongue, and he is not regarded as a Momin until his neighbour is safe from his wretchedness’. Haakim reported a similar narration in Mustadrak as well.

Hadith 14: Haakim reported in Mustadrak on the authority of Naaf’i bin Abdul Haarith رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘In this world, it is a Muslims good fortune if he has a pious neighbour, a spacious house and a reliable means of transportation’.

Hadith 15: Haakim reported in Mustadrak on the authority of A’isha رضی اللہ تعالٰی عنہا says that she said, ‘Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم! I have two neighbours. To whom should I send a gift?’ He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘To the one whose door is closest (to yours)’.

HADITH 16: Imam Ahmed reported on the authority of Uqba bin Aamir رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘On the Day of Qiyaamat (Reckoning), the two people who will be first to present their case (arguments), will be neighbours’.

HADITH 17: Baihaqi reported on the authority of Abdullah ibn Amr رضی اللہ تعالٰی عنہما (on the merit of it being a weak chain of transmission) that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم asked, ‘Do you know what the right of the neighbour is? It is this, that when he asks for your help, you should help him, when he asks for a loan, you should give him a loan, and when he is dependant, you should give him something. When he is ill, you should visit him, and when he receives anything good, you should congratulate him, and when any difficulty (or sadness) befalls him, then you should sympathise with him, and when he passes away, you should go with his Janaazah. Without permission do not extend your building, cutting of the breeze from him, and do not cause him harm through your pot (food), but share some of it with him as well. If you purchase any fruit, then gift some to him as well and if you do not wish to gift some to him, then bring it home discreetly, and your children should not take it outside, as this will cause offence (grief) to the neighbours children. Do you know what the right of the neighbour is?
By Him, in Whose Divine Power is my life! There are only a few people who are able to fulfil the rights of their neighbours. It is they upon who is the Grace of Allah.’ Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم continued advising us regarding the rights of the neighbours, until such time that the people felt that he would appoint the neighbour as the heir. Then Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Neighbours are in three categories: Some of them have three rights, some have two and some have just one’. ‘That neighbour, who is a Muslim and a relative as well, has three rights: The Right of a neighbour; The Right of Islam and the Right of a relative. The Rights of a Muslim neighbour are two: The Right of a neighbour and the Right of Islam and the neighbour who is an unbeliever has only one right and that is the right that is due to a neighbour.’ We asked, ‘Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم! Should we give them from our Qurbanis’? He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘The mushrikeen (pagans and polytheists) should not be given anything from your Qurbani’.

Laws of Jurisprudence

Law: If by climbing onto rooftops allows one to look into the houses of others (i.e. causing their privacy to be invaded), then they have the right to forbid you from climbing onto the roof top. Until such time that, you do not build a wall as a barrier or erect something that will protect their privacy from being invaded. If when climbing onto the rooftop one is not able to look into the homes of others, but it causes them to confront each other when they climb onto the roof top as well, then in such a case, they cannot forbid him from climbing onto the roof top. Their females should not go on to the rooftops, so as to avoid any invasion of privacy. [Durr-e-Mukhtar]
Law: The rear wall (or rear of his house) is in the house of another person (i.e. adjoined to another house) and he wishes to put sand onto the wall of his house (i.e. plaster it etc.), but the other person is not allowing him access through his house. Now how will it be possible for him to do this? The owner of that house will be requested to give permission for him to enter the house and plaster the wall, or he should do the plastering himself and will be paid for having this done. Similarly, if a persons wall falls into the property of another person, and there is a need to pick up the sand (etc.) from there, (then in such a case) the owner of the property should grant him permission to pick up the sand (etc.) and if he does not give permission, then he should haul it over himself. [Alamgiri]


[1] A Momin Kaamil refers to a truly perfect and devout believer.


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