The status of a shared wall rebuilt by one co-owner using his own materials and existing debris.
General Chapter
Al-Mughni
Book of Settlement
Primary text
If one co-owner rebuilds the wall using his own materials and the existing debris (anqadh), the resulting wall remains shared property between them, as the rebuilt structure is founded upon a destroyed asset (the previous wall) that was jointly owned. The rebuilt wall is considered a continuation of the joint asset, not an entirely new private possession, because the expenses were incurred on what was once a shared structure.
Supporting text
If the rebuilding is done solely using the materials of the one who rebuilt it (without utilizing existing debris), the wall becomes the exclusive property of the builder. In this scenario, the builder may prevent the partner from using it, including placing beams or securing entitlements upon it. However, if the non-builder partner pays half the cost of the construction, the builder cannot subsequently demolish the wall, as compulsion to build implies compulsion to maintain it.