Does the orientation of internal/external facing of bricks or the alignment of the structural mortar joints determine the ownership of a shared wall?
General Chapter
Al-Mughni
Book of Settlement
Primary text
The alignment of the internal/external facings of bricks (*dawakhel* and *khawarij*), the placement of finished bricks or stones, the side where the intact bricks face, or the alignment of the binding cords (*ma'aqid al-qimṭ*) in the shared fence (*khass*) do not strengthen the claim of either party. This is the position held by Abu Hanifa and Al-Shafi'i. The foundation for this is the general rule that evidence rests on the claimant and the oath on the denier, and in matters where the facing or binding cannot logically belong exclusively to one party if they are partners, the evidence is nullified, similar to decoration. Furthermore, since these elements are intended for adornment, they resemble decoration, which does not prove ownership.
Supporting text
Abu Yusuf and Muhammad rule in favor of the party towards whom the face of the wall and the binding cords are oriented. This is based on a narration where the Prophet, peace be upon him, confirmed Hudhayfah's judgment that the fence belonged to the one towards whom the binding cords faced. They also argue based on customary practice that the builder directs the face of the wall towards themselves. However, the narrations supporting this view are considered weak or unauthenticated by experts in transmission, and the alleged custom of directing the wall face outwards for display is disputed.