Who is liable if a tenant, pledgee, borrower, or custodian of a property, toward which a wall leans, is demanded to demolish the wall?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the demand for demolition is made to the lessee, pledgee, borrower, or custodian of the property toward which the wall leans, they bear no liability because they do not possess the right to order demolition, nor is the wall their property. If the owner is demanded in this situation and cannot reclaim the property to demolish the wall, they are not liable due to lack of negligence. However, if the owner can reclaim the property, such as a borrower, custodian, or one whose property is pledged and they can redeem it but fail to do so, they become liable due to the ability to effect demolition.