How is ownership of a wall determined when two parties jointly claim it and it is connected to both their structures?
General Chapter
Al-Mughni
Book of Settlement
Primary text
When two men claim a shared wall equally, and the connection to their respective buildings is either integral (like connection via mud/mortar that cannot be newly established) or separable (a clean gap exists between the wall and their buildings), they are considered equal in their claim. If neither has proof (*bayyina*), they must swear mutual oaths (*tahalafu*). Each swears that half the wall is his, and the wall is divided equally between them. This is the position held by Abu Hanifa, Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir, as when property is in the possession of two disputants without proof, the statement of the one in possession, supported by an oath, is accepted for the share corresponding to their possession.
Supporting text
If one party has proof, it is ruled in his favor. If both have proof, the proofs cancel each other out, and they are treated as if neither has proof. If both refuse to swear the oath (*nakala*), the wall remains in their joint possession. If one swears and the other refuses, judgment is against the refuser, awarding the entire wall to the one who swore.