Is an agreement valid when two parties agree to build a shared wall, dividing ownership as one-third and two-thirds?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

Such an agreement is invalid. This constitutes a reconciliation concerning a portion of one's own property in exchange for another portion, which is impermissible. This is analogous to a situation where one affirms ownership of a house to another and then reconciles by agreeing to a right of habitation therein.