What is the ruling on one partner demolishing a shared wall or ceiling if its collapse is feared?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

If one partner demolishes a shared wall or ceiling because its collapse is feared and demolition becomes obligatory to avert harm, the demolisher is not obligated to rebuild it. The situation is treated as if it collapsed on its own because the demolition was an obligatory act necessary to remove impending harm. This ruling applies because the individual performed a necessary duty.