SAEDNEWS: According to Islamic jurisprudence, the fruit of a tree belongs to its owner and may not be used without the owner’s permission or reasonable assurance of their consent. Likewise, overhanging or obstructive branches may only be cut in accordance with specific religious and legal procedures.
According to Saednews, Living in close proximity to others can sometimes turn minor issues into major disputes. One of the most common problems is tree branches from a neighbor’s property extending into our yard, onto our roof, or over our balcony. In such situations, several questions arise: Can we cut off the troublesome branches? Is it permissible to eat fruit that has fallen onto our property? And what rights does the tree’s owner have over the fruit and branches that extend into a neighbor’s property?
Under Islamic jurisprudence, a tree and the fruit attached to it belong to the owner of the tree. Therefore, simply because fruit falls onto a neighbor’s property or branches extend into their home, ownership of the fruit does not change.
According to the ruling provided, the fruit cannot be used without the tree owner’s permission or reasonable certainty that the owner consents. This ruling is based both on the principle of ownership and on the obligation to respect a neighbor’s rights.
The main criterion for permissibility is the tree owner’s permission or reasonable certainty that they consent to the fruit being used.
Therefore, if the neighbor explicitly gives permission, or the circumstances provide reasonable certainty that they agree, using the fruit is permissible. However, if neither permission nor such certainty exists, taking and eating the fruit is not permissible.
This ruling highlights the importance of respecting other people’s property and avoiding unauthorized use of their belongings.
Suppose fruit from a neighbor’s tree falls into our yard or onto the roof of our house. Can we eat it?
The answer is no, unless we have the tree owner’s permission or are reasonably certain that they consent. Simply having the fruit land on our property does not authorize us to use it.
The best approach in such situations is to coordinate with the tree’s owner. For example, we can ask for permission or inform them that we have collected the fallen fruit and will hand it over to them.
If branches from a neighbor’s tree extend into our home, causing inconvenience and disturbing our peace, and we do not consent to this situation, what should we do?
According to the ruling provided, if it is possible to redirect the branches back toward the neighbor’s property, the homeowner may only move the branches in that direction. This must be done while causing as little damage as possible and without destroying the tree.
If the branches cannot be redirected, the homeowner must notify the tree’s owner and ask them to take the necessary action.
If the owner fails to act, the homeowner may cut off the parts of the branches that extend into their property, provided they obtain permission from the competent religious authority (the court).
Therefore, cutting the branches unilaterally and without following these steps is not permissible. This ruling is based both on the Islamic legal principle of la darar (no harm) and on the need to preserve social order and prevent disorder.
An important point is that the homeowner cannot personally cut the branches without following the procedures outlined above.
Taking matters into one’s own hands in such situations can lead to damage to other people’s property and further disputes. Therefore, it is necessary to first pursue peaceful solutions and, if needed, seek assistance from the relevant authorities.
