What is the ruling regarding shelves resting on pegs when the lessor and lessee dispute ownership?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
According to Ahmad, if there is a dispute over shelves resting on pegs, they belong to the owner of the house (lessor). This general view suggests that all shelves fall under the lessor's ownership due to the prevailing custom that shelves are left in the dwelling and are not customarily transported by the lessee. Furthermore, if the pegs themselves are fixed, what is affixed to them also belongs to the owner, akin to the upper stone of a mill when the lower stone is fixed.
Supporting text
Al-Qadi limits Ahmad's statement to only nailed shelves, holding that non-nailed shelves are shared between the parties if both take an oath (tahalafa), as they do not follow the property in a sale and resemble loose cloth. Another view held by Al-Qadi and Abu al-Khattab posits that if the shelf has a fixed structure established in the dwelling, it belongs to the owner upon his oath; otherwise, if it lacks a fixed structure, they share ownership after mutual swearing. If one swears and the other abstains, it belongs to the one who swore.