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
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.