The ruling on demolishing a shared wall if its presence causes harm?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if there is a shared wall between two neighbors and one of them wants to renovate his house.
The Shaykh:
Yes.
The questioner:
He wants to renovate his house on the condition that he bears all the costs, but the neighbor refused to demolish the wall. Is he compelled to do so?
The Shaykh:
If there is harm in its remaining, and he says, "I refuse to remove the wall and I will build it at my own expense," then he may be allowed to do so in order to avert the harm, and because he is volunteering to act on the other's right, so there is no harm to the other. Yes.
The presenter:
Please, Honorable.
The Shaykh:
If there is no harm in the wall and it is sound enough to remain, it is not permissible for him to demolish it without the permission of the other party himself.
He says: Honorable Shaykh, may Allah grant you success, if there is a shared wall between two neighbors and one of them wants to renovate his house.
The Shaykh:
Yes.
The questioner:
He wants to renovate his house on the condition that he bears all the costs, but the neighbor refused to demolish the wall. Is he compelled to do so?
The Shaykh:
If there is harm in its remaining, and he says, "I refuse to remove the wall and I will build it at my own expense," then he may be allowed to do so in order to avert the harm, and because he is volunteering to act on the other's right, so there is no harm to the other. Yes.
The presenter:
Please, Honorable.
The Shaykh:
If there is no harm in the wall and it is sound enough to remain, it is not permissible for him to demolish it without the permission of the other party himself.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1328 -2802] حكم هدم الجدار المشترك إذا كان في وجوده ضرر؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.