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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.82 –:– The Rights Of The Neighbour

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansari

The Rights Of The Neighbour

[82] Malik related to me from Ibn Shihab from al-A’raj from Abu Huraira (Radi Allahu Anhu) that the Messenger of Allah (Sallalahu Alayhi Wa Sallam) said, “No one should prevent his neighbour from fixing a wooden peg in his wall.” Then Abu Huraira (Radi Allahu Anhu) said, “Why do I see you turning away from it? By Allah! I shall keep on at you about it.”

[GRADING] – [SAHIH]
Ibn Shihaab az-Zuhri clarified hearing (this hadith from Abdurahman al-A’raj) in Humaydi (with my verification no.1082, [manuscript form] of al-A’dhami no.1076)

[REFERENCES] – [AGREED UPON]

Al-Muwatta (Yahya’s narration 2/745 hadIth no.1501, book 36, chapter 26, hadith no.32), at-Tamhid (10/215), al-Istidhkaar: (no.1425)

Transmitted by Bukhari (no.2463) and Muslim (136/1609) from the hadith of Maalik

[UNDERSTANDING FROM THE HADITH]
1) The permissibility of the ruling in fixing a wooden peg on your wall is not wajib [obligatory], rather it is on the basis of mustahab-[highly recommended] because the Messenger of Allah (Sallalahu Alayhi Wa Sallam) said, “It is not halal to take from someone’s (a Muslim brother’s) wealth without their consent” (Musnad Ahmad 5/445, hadith no.23605, and its chain is authentic) 

Also see at-Tamhid (10/222) 

2) If you are concerned about the harm of your neighbour that they will take possession of this wall then you are allowed to prevent them from fixing a wooden peg on the wall in order to save your own wall because saving your wealth is also established from the evidences of the Shariah.

3) It is from the signs of a Mu’min that they narrate authentic ahadith even if the people become happy or upset.

4) It is permissible to take an oath to confirm something as being authentic.

5) It is possible that some people do not understand a hadith or an ayah. In such a case they should refer back to the scholars of truth in order to take the correct understanding.

6) You can clearly see the truthfulness of Abu Huraira (Radi Allahu Anhu) from this hadith.

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