What is the obligation of a builder if the erected part of a structure collapses before completion?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If someone is hired to raise a wall by ten cubits (*adhru'*), and he raises only a portion of it before it collapses, he is obligated to rebuild what fell and complete the remaining specified height outlined in the contract. This applies if the initial collapse was not due to negligence on the part of the worker.

Supporting text

If the collapse occurred because the worker was negligent, built the structure loosely, or similar reasons, he is obligated to rebuild the collapsed portion and compensate for any resulting damages.