What is the ruling regarding preference when a wall is connected to one party's structure using materials like brick or tile that allow for later connection?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the connection to one party's structure is made with material that allows for later attachment (such as bricks or tiles, where a piece could potentially be removed and joined), the view of Al-Qadi is that this connection does not grant preference. This is due to the possibility that the owner performed the connection later specifically to claim joint ownership of the wall.
Supporting text
The apparent position of Al-Khiraqi suggests that this type of connection should grant preference, similar to the unbreakable physical connection, because it is presumed that the owner would not allow another to alter his building materials or act as an owner unless the wall was indeed his. This preference is analogous to relying on possession (*yad*), even though possession can sometimes be usurped.