What is the liability for a leaning wall when the owner demands its demolition?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the owner of an adjacent property demands the demolition of a leaning wall, and the owner of that wall sells it while it is leaning, there is no liability (*daman*) upon the seller because the wall is not considered their property (as the demand for demolition implies a right to removal). Likewise, there is no liability upon the buyer because they were not the party demanding its demolition. This ruling applies similarly if the wall was gifted and possession (*iqbadh*) was taken. If the gift is considered binding (*wajib*), the liability is removed merely by the contract.
Supporting text
If the gift of the leaning wall is considered binding, the liability for demolition is removed simply upon the completion of the contract.