‘Do I see you ignoring it? By Allah, I will surely throw it between your shoulders.’ (10) Most jurists do not obligate granting permission for this and interpret the hadith as indicating the dislike of preventing it, not its prohibition. Furthermore, because the wall is built for this purpose, preference is given by it, just like the vaulted arch. The companions of Abu Hanifah said: The claim is not given preference by a single timber, because the wall is not built for it, but it is given preference by two timbers, because the wall is built for them. Our response is that it is placed upon the wall, so its small amount and its large amount are equal in giving preference to the claim, just like the structure.
Section: A claim is not given preference by the fact that the interiors are toward one of them, nor by the exteriors, nor by the faces of the bricks and stones, nor by the fact that the intact brick is on the side of one of their properties while the cut portions of the bricks are toward the other’s property, nor by the knots of the reeds in the shack (kuss), meaning the knots of the threads with which the shack is tied. This is the opinion of Abu Hanifah and al-Shafi’i. Abu Yusuf and Muhammad said: Judgment is rendered by it for the one to whom the face of the wall and the knots of the reeds are directed, based on what [Nimran ibn Jariyah] (11) al-Tamimi narrated from his father, that a people disputed before the Prophet (may Allah bless him and grant him peace) regarding a shack, so he sent Hudhayfah ibn al-Yaman to judge between them, and he judged it for the one to whom the knots of the reeds were directed, then he returned to the Prophet (may Allah bless him and grant him peace) and informed him, so he said: "You hit the mark, and you did well." Narrated by Ibn Majah. (12) Something similar was narrated from ‘Ali. Furthermore, because custom dictates that whoever builds a wall turns the face of the wall toward himself. Our response is the generality of his saying, peace be upon him: "The burden of proof is upon the claimant, and the oath is upon the one who denies." (14) Furthermore, when the face of the wall and the knots of the reeds are shared between them, it must be that it is directed
(10) Its documentation (takhrij) was provided earlier on page 35. (11) In the manuscripts: "Tamr ibn Harithah"; this is a distortion and error. See his biography in: Tahdhib al-Tahdhib 10/475. (12) In: Chapter of Two Men Disputing Over a Shack, from the Book of Legal Rulings. Sunan Ibn Majah 2/785. It was also recorded by al-Daraqutni, in: Chapter on the Woman Who is Executed if She Apostatizes. Sunan al-Daraqutni 4/229. (13) In the manuscripts: "jariyan"; an error. (14) Recorded by al-Bukhari, in: Chapter: If the Pledgor and the Pledgee Disagree..., from the Book of Pledges. Sahih al-Bukhari 3/187. And Muslim, in: Chapter: The Oath is Upon the Defendant, from the Book of Judicial Rulings. Sahih Muslim 3/1336. And al-Tirmidhi, in: Chapter on What Has Come Regarding that the Proof is Upon the Claimant and the Oath is Upon the Defendant, from the Chapters of Legal Rulings. ‘Aridat al-Ahwadhi 6/87, 88. And Ibn Majah, in: Chapter: The Oath is Upon the Claimant and the Oath is Upon the Defendant, from the Book of Legal Rulings. Sunan Ibn Majah 2/778.
