What is the meaning of "right of way" that must be stipulated in a sales contract, as opposed to a lease contract?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The right of way is the right to pass through another's property, such that the ownership of the road belongs to one person, while another only has the right to pass through it. Matters concerning this right can be found in the books of the jurists: in the chapter on easement rights (Huquq al-Irtifaq) for the Hanafis; in the chapter on negating harm (Nafy al-Didd) and blocking the means (Sadd al-Dhara'i') for the Malikis; in the chapter on conflicting rights (Tazahum al-Huquq) for the Shafi'is; and in the chapter on reconciliation (al-Sulh) for the Hanbalis.
Summarized from the full answer at Ftawy · imported
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