Is it permissible to allow another to place wood or build upon one's wall in exchange for compensation?
General Chapter
Al-Mughni
Book of Settlement
Primary text
It is permissible to grant permission for placing wood or building upon one's wall in exchange for compensation. This arrangement is valid whether stipulated as a lease for a known duration or as a perpetual agreement (sulh). If the structure or wood is removed, the owner has the right to restore it, regardless of whether the removal occurred due to collapse, the destruction of the wall itself, or any other cause, because the right to maintain it against compensation has been established. The dimensions of the construction, including width, length, thickness, and the materials used (such as mud, brick, or similar items), must be specified because variation in these elements necessitates knowledge thereof.
Supporting text
If the wall or building collapses during a stipulated lease period in a manner that is not restorable, the lease is terminated for the remainder of the term, and the rent corresponding to the remaining period must be refunded. If the structure is rebuilt, the rent refunded must correspond to the duration the wood or building was absent.