Who has the right to demand the demolition of a wall leaning towards a public road, and what is the effect of granting a delay?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 7 · Bab 1

Open in Qurani

Primary text

If liability is assigned when demanded, then any Muslim or Dhimmi may demand demolition of a wall leaning toward the road, as each possesses the right to passage. If one person demands it, and the wall owner seeks a delay granted by the Imam or the demander, the liability for damage is not waived, because the right belongs to all Muslims, and no single individual can waive it.