Question
Question: When constructing the second floor, a neighbor opened large windows that fully overlook his neighbor’s house. Between the two houses there is a separating strip estimated at a meter and a half. The one with the windows claims that he exclusively owns it, while his neighbor claims it is jointly owned between them; each has a door opening onto it. What is the ruling regarding opening windows that overlook the neighbor’s house?
Answer
Answer: It is permissible for the owner of the second floor to open windows toward the separating strip between him and his neighbor—even if those windows overlook his neighbor’s house. That is because the separator between the two houses is, at the very least, a joint separator, as his neighbor claims—unless there is an agreement between the two neighbors that neither of them will open any window onto the separator. However, neighborliness requires the neighbor to withhold harm; and that is the lowest degree of kindness with which Allah Most High has commanded us toward the neighbor.
Thus the neighbor must be keen not to cause any harm to his neighbor by opening overlooking windows. If opening windows toward him is unavoidable, then let him raise them such that the neighbor’s private areas are not exposed, or select locations from which the neighbor’s private areas are not revealed, and open the windows there.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
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