it provides shade for him, and the land of the owner of the upper floor supports it; thus, they are equal regarding it.

Section: If the owner of the upper floor and the owner of the lower floor dispute regarding the staircase from which one ascends, if there is no utility (mirfaq) under it for the owner of the lower floor—such as a nailed ladder or a stone bench (dakkat)—then it belongs to the owner of the upper floor alone; because he alone has possession and control over it, for it is the ascent for the owner of the upper floor and no one else. The plot (arsa) upon which the staircase sits is also his, because he alone benefits from it. If there is a hollow (thinya) (17) under it, constructed for its sake so that it may be a passage for the upper floor, then it is shared between them; because both of their hands (possession) are upon it, and because it is a ceiling for the one below and a walkway for the one above, so it is like the ceiling that is between them. If there is a small arch (taq) under it which was not constructed for the sake of the staircase, but was made as a utility for placing a water cistern or similar, then it belongs to the owner of the upper floor; because it was constructed for his sake alone. It is possible that it is shared between them, because both have possession over it and both benefit from it, so it is like the ceiling.

Section: If they dispute over a dike (musannat) (18) between the river of one of them and the land of the other, they are to swear mutual oaths, and it belongs to both of them; because it is a partition between their two properties, so it is like a wall between two properties.

Section: If there is a shared wall between them and it collapses, and one of them requests its restoration while the other refuses, is the one who refuses compelled to restore it? The Qadi said: There are two narrations regarding this. One of them is that he is compelled. This was narrated by Ibn al-Qasim, Harb, and Sindhi. The Qadi said: This is more correct. Ibn ‘Aqil said: Our companions follow this. Malik held this view in one of his two narrations, as did al-Shafi’i in the older of his two opinions, and some of his companions chose and authenticated it; because there is harm in leaving it unbuilt, so he is compelled to do so, just as one is compelled to perform partition if one of them requests it, and to remove it if there is fear of it falling upon them, according to the statement (19) of the Prophet (peace be upon him): "There shall be no harm and no reciprocating harm" (20). This [individual] and his partner are harmed by leaving it unbuilt.