Can a homeowner whose door faces the public street open an additional door onto the non-thoroughfare alley for the purpose of establishing a right of passage (istitraq)?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If a homeowner's door is on the public street, but the rear of their house faces the non-thoroughfare alley, they are not permitted to open a door onto that alley for the purpose of passage. This is because they do not possess a right in that alley, as the ownership rights of its proprietors have already been established over it.
Supporting text
The permissibility of this action is suggested based on the preceding argument that moving the entire wall is allowed. However, Ibn 'Aqil suggests it is not permissible because the shape of a door, especially with the passage of time, might be used as evidence to claim a right of passage, thereby harming the residents of the alley, unlike moving the entire wall, which indicates nothing specific.