Does the wall owner have the right to demolish his wall after granting permission for construction or placing lumber upon it?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

The wall owner does not have the right to demolish the wall without necessity after granting permission, as the borrower has acquired the right to keep the construction or lumber in place, and its continuation causes no harm. However, if the wall is slated for demolition (mustahdam), the owner has the right to tear it down, and the builder and owner of the lumber must remove their property.

Supporting text

If the wall is rebuilt, the borrower cannot place his building or lumber back upon it without a new permission, whether he uses his own materials or others'.