What is the ruling if the borrower removes the structure or lumber after permission was granted, or if it falls on its own?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the borrower removes the lumber or if it falls down by itself, the borrower cannot return it except with renewed permission. This is because the prohibition against removal was due to the potential harm of demolition, and since removal has already occurred without his action, it resembles the case of trees on land falling down on their own. This is one of two scholarly opinions among the Shafi'is.
Supporting text
The opposing view among the Shafi'is states that the right to keep the structure remains perpetual, but this is incorrect because the right to retention was contingent upon necessity to prevent the harm of demolition. Since demolition has occurred, the underlying right for retention ceases.