‘Amr’s drain in Zayd’s house

Question

A drain belonging to ‘Amr has passed through Zayd’s house for nearly a century, and at present this drain causes Zayd inconvenience. The drain can now also be turned to the other side, whereby Zayd’s present inconvenience would be removed and ‘Amr would suffer no loss. Can ‘Amr be compelled by a court ruling to take his drain out to the other side?

Answer

If that drain was placed on this side out of necessity, and that necessity no longer exists, and Zayd suffers inconvenience and harm from it, then it should now be removed from there and moved to the other side.

Source: Fatawa Mahmudiyya

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