The right of a co-owner to demolish a wall rebuilt exclusively by the other co-owner.
General Chapter
Al-Mughni
Book of Settlement
Primary text
If a co-owner rebuilds the wall exclusively with his own materials, he possesses the right to demolish it, as it is his sole property. However, if the other co-owner pays him half the value of the new construction, the builder loses the right to demolish, as the obligation to maintain the wall is established through the payment, making demolition impermissible.
Supporting text
Under the first report (where compulsion to rebuild exists), if the builder rebuilt the wall using his own materials (making it his own), the non-builder cannot force him to maintain it. However, if the non-builder has an existing right of easement (rasm) or placing beams, he can demand either that the builder compensate him for half the value to allow continued use, or that the builder remove the wall entirely so they can rebuild it jointly. This is because the builder cannot negate the existing easement rights through his unilateral construction.