Causing Losses ( Dirar )

“Abu ‘ Abd Allah (a.s.), has said, ‘A neighbor (in matters of immunity) is like a soul which is not harmed or has not committed sins.’”

“Abu Ja‘far (a.s.), has said, ‘Samrah ibn Jundab had a fruit bearing palm tree in the garden of another man from al-Ansar whose house was at the door of the garden and he (Samrah) would pass by when going to his palm tree without permission. The man from al-Ansar spoke to him and asked him to ask for permission whenever he comes. Samrah refused to do so. When he refused the man from al-Ansar went to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, complained before him and informed him of the condition. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent someone to call Samrah, informed him of the complaints of the man from al-Ansar and asked him to ask permission whenever going to his palm tree but he refused. When he refused, he (the Messenger of Allah) bargained with him and offered him a huge price but he still refused. He (the Messenger of Allah) then said, “In exchange for this you can have a fruit bearing palm trees in paradise”, but he refused to accept. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, then asked the man from al-Ansar to go, uproot that palm tree and throw it to him; harming and leading to harm is not lawful.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a people whose water fountains in a land are near each other, one of them decides to make his fountain below its original place in which case is harmful to the other fountains but certain ones do not harm due to solidity of earth. He (the Imam) said, ‘Whatever is in solid land it does not harm but whatever is in soft land and sandy, it harms. One can ask his neighbor to keep his fountain at the same level as his and if they agreed it does not harm.’ He (the Imam) said, ‘The distance between two fountains must be kept at one thousand Dhira‘ (hands or arms length).”’

“About the case of a man who found a sick camel for sale and bought it for ten dirham, then another man came and asked to share for the head and skin for two dirham, but then it was found that the camel was fine and not sick and its price reached many dinars. He then asked the owner of two dirham to take one-fifth of the price, but he refused and said that he wanted the head and skin. Abu ‘Abd Allah (a.s.), has said, ‘He does not have such right; it is harming. His right was made available when one-fifth was offered to him.’”

“I once wrote to abu Muhammad (a.s.), and asked, ‘A man had a canal in a village and another man wanted to dig another canal in a village that belonged to him. How much distance is required between the two so that they do not harm each other when the land is solid or soft? He (the Imam) signed the answer that said, ‘It is according to a measure that does not cause one to harm the other, by the will of Allah.’ I wrote to him (the Imam) (a.s.), about a man who had a flour mill on the canal of a village that belonged to a man and the owner of the village wanted to divert the water to his village in another canal and put the flour mill out of work; if he can do so. He (the Imam) (a.s.), signed the answer that said, ‘He must be pious before Allah and act according to what is acceptable among people and must not cause harm to his believing brother.’”

"The Messenger of Allah (sw) judged among the people of Medina regarding the irrigation of palm trees, that no benefit of anything should be prevented. And he judged among the people of the desert that the surplus water should not be withheld to prevent the surplus pasture. And he said: 'There is no harm and no harming.'"

“Abu ‘Abd Allah (a.s.), has said that if a man digs a well (a canal) in a hill which reduces the water of an existing well or canal, they must be examined closely. Such tests must be conducted every night to find out which one reduces the water of the other. If it is found out that the second one reduces the water of the existing, one then it must be closed.’”

“Abu Ja‘far (a.s.), has said, ‘Samrah ibn Jundab had a fruit bearing palm tree and his path way was through the inside section of the house of a man from al-Ansar. He would come and enter to go to his palm tree without permission. The man from al-Ansar said to him, ‘O Samrah, you continue to take us off guard in a condition that we do not like you to take us off guard. Please, when you come ask for permission. He said, ‘I do not need permission for the path that is the path to my palm tree.’ He (the Imam) said that the man from al-Ansar went to the Messenger of Allah (sw) complained before him and informed him of the condition. The Messenger of Allah (sw) sent someone to call Samrah, informed him that so and so complains and thinks that you pass by him and his family without permission so you must ask for permission when you want to go to your palm tree.’ He said, ‘O Messenger of Allah, why must I ask permission for the pathway of my palm tree?’ The Messenger of Allah (sw) said, ‘Leave that palm tree in exchange for a palm tree in such and such place.’ He said, ‘No, I do not want to exchange.’ He (the Messenger of Allah) said, ‘Exchange for two.’ He said, ‘No.’ He (the Messenger of Allah) went on up to offering ten palm trees and he refused to accept. He (the Messenger of Allah) said, ‘Exchange it for ten palm trees in so and so place.’ He refused. He (the Messenger of Allah) said, ‘Exchange it for a palm tree in paradise.’ He refused and said, ‘I do not want it.’ The Messenger of Allah (sw) then said, ‘You are a harmful man. Harming and causing to lead to harm is not lawful against a believing man.’ He (the Imam) said that the Messenger of Allah (sw) commanded to uproot that palm tree and threw it to him. The Messenger of Allah (sw) said to him, ‘Go plant it wherever you want.’”