If the owner of the upper floor refuses to rebuild the lower walls demanded by the lower floor owner, is the upper owner compelled or assisted?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two narrations concerning the obligation when the owner of the lower floor demands reconstruction, and the upper floor owner refuses. According to one narration, he is neither compelled to build nor to assist in the building. This is the position of Al-Shafi'i, as the wall is the exclusive property of the lower owner, and thus no one else can be compelled to build or assist, just as if there were no upper structure.

Supporting text

The second narration states he is compelled to assist and build alongside the lower owner. This is the position attributed to Abu al-Darda', based on the shared benefit derived from the wall, making it similar to a shared wall between two residences.