Is it permissible to open a door from each house into the other to allow passage between the two properties?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is not permissible to open a door from each house into the other house to establish passage between the two properties. This is prohibited because it establishes the right of passage (istitraaq) in an alley where the house previously had no right of way. Furthermore, this action might lead to establishing the right of preemption (shuf'ah) for each house in the alley of the other, according to those who establish preemption based on alley access.

Supporting text

An alternative view suggests that opening doors between the houses is permissible because if removing the entire partition wall is allowed, then removing only part of it (opening doors) should be more appropriate. The argument for prohibition is countered by the case where the entire wall is removed.