A dispute over a wall with the madrasa’s neighbour

Question

An Islamic madrasa is being built. At that time the madrasa’s administrators told the owner of the adjoining house: “Make your unbaked-brick wall a solid one, because we have to build washrooms and the like on that side — lest the wall and so on be damaged.” He replied: “I will not make the wall solid, but I can give you the place for the wall; you make it solid.” The madrasa’s administrators agreed to this, but said: “This wall will benefit you, because your house is on that side.

Answer

When the house owner gave the madrasa the place for the wall, that place became the madrasa’s. So the madrasa people’s demand that he pay the price of the bricks or the labour was wrong, for it meant that they wanted to make the wall shared, which is a permanent root of strife. Now the better course is that the amount for labour that was taken from him, i.e.

Source: Fatawa Mahmudiyya

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