What is the ruling when the owner of a land and the owner of a river dispute ownership of a wall situated between them?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The wall situated between the land owner's property and the river belongs to both parties equally. Each party must take an oath confirming the half assigned to them. This view is held by Al-Shafi'i. The evidence relies on the principle that the wall acts as a divider between their two properties, placing possession under both parties, analogous to the dispute over a ceiling between the upper and lower floor owners, or a wall between two houses.
Supporting text
Abu Hanifa holds that the wall belongs solely to the river owner due to its utility (for the river). Abu Yusuf and Muhammad hold that it belongs to the land owner because it is connected to his land.