What is the ruling regarding liability when a wall built on one's property leans toward a public road or another person's property, and causes damage?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

Liability for damage rests upon the builder if a wall constructed on one's property leans toward a public road or another's property, causing destruction. This is because the builder is considered a trespasser (*muta'addi*) for utilizing the airspace above another's property or jointly owned space, and for exposing others' property to the risk of collapse. This is the established doctrine of Al-Shafi'i, and there is no known dispute regarding this.