What is the ruling on liability for one partner if a jointly owned property has a leaning wall and one partner is demanded to demolish it?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the property is jointly owned by several people and one partner is demanded to demolish the leaning wall, two possibilities arise. One view is that no liability rests upon that partner because they cannot demolish it without the permission of the others, making them equivalent to someone incapable of demolition.
Supporting text
The second view is that liability rests upon the demanding partner proportionate to their share, as they can effect demolition by demanding their partners or compelling them to demolish, thus making their inaction a form of negligence.