ceased due to its fall, or the fall of the wall, or otherwise; because he earned the right to have it remain in exchange for compensation. It is necessary for the construction to be known in width, length, thickness, and the materials, such as mud, adobe, [or mud] (101) and baked bricks, and the like; because all of this varies and needs to be specified. If the wall upon which the construction or wooden beams rest falls during the lease period in such a way that it cannot be restored, the lease is voided for the remainder [of the period] (102), and a portion of the rent corresponding to the remaining time is refunded. If it is restored, a portion of the rent corresponding to the period during which the construction and wooden beams were off the wall is refunded. If the owner of the wall settles with him to remove his construction or wooden beams for a known amount, it is permitted, just as it is permitted to settle upon placing them, whether the amount he settled for is equal to the compensation for which it was placed, or less, or more; because this is compensation for a benefit to which he is entitled. The same applies if he has a water channel on another person's land, or a waterspout, or similar, and the owner of the land settles with the person entitled to it for compensation so that he may remove it, it is permitted. If the wooden beams or the wall have already fallen, and he settles with him for something on the condition that he does not replace them, it is permitted; because since it was permissible for him to sell that right to him, it is permissible to settle (103) with him regarding it; for a settlement is a sale.

Section: If his construction or wooden beams are found upon a shared wall or a neighbor's wall, and the cause is unknown, then whenever they are removed, he has the right to replace them; because the apparent situation (al-zahir) is that this placement was by right, through a settlement or otherwise, and this apparent situation is not removed until the contrary is known. Likewise, if his water channel is found on another person's land, or the drainage of his roof water onto another's roof, and the like, then it belongs to him; because the apparent situation is that he has it by right, so it is treated in the same manner as established possession. If they differ regarding this, whether it is by right or by transgression, the statement is that of the owner of the wooden beams, construction, and water channel, accompanied by his oath; because the apparent situation is in his favor.

Section: If a man claims a house that is in the possession of two brothers, and one of them denies it while the other admits it, then