What is the ruling on demanding demolition and waiving liability when a wall leans toward jointly owned property?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 12 · Bab 1

Open in Qurani

Primary text

If the property is jointly owned, once any one owner demands demolition, the demolition must occur upon that demand, similar to when one person demands the demolition of a wall leaning toward the public road. However, if one owner demands demolition and the property owner grants a delay, or releases the obligation, or the resident of the affected property does the same, it is valid because the right belongs to them, and they possess the authority to waive it.