Must the owner of the lower floor rebuild the connecting roof if the upper floor owner refuses after the original roof collapsed?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two narrations (Riwāyāt) regarding whether the owner of the lower floor can be compelled to engage in *Mubanah* (rebuilding the structure) with the owner of the upper floor when the roof separating them has collapsed and one party refuses. This situation is analogous to the ruling concerning a shared wall between two houses. Al-Shafi'i holds two opinions corresponding to these two narrations.

Supporting text

The issue of compelling reconstruction when the roof collapses is subjected to two principal rulings, similar to the case of a shared wall.