Does the person with the placement right have authority to demolish the wall without need?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

The person with the placement right does not possess the authority to demolish the wall when there is no need, because doing so results in the forfeiture of the wall owner's right.

Supporting text

If the demolition is required due to fear of the wall collapsing, or for the purpose of moving it to another location, or for any valid objective, then he possesses the right to demolish it. This is because the right of placement is established for the purpose of ease and accommodation, conditional upon causing no harm to the wall owner. When harm arises, the entitlement ceases because its condition has vanished.