Is the brother obliged to pay the costs of restoring the building's columns and half the cost of the neighbor's roof, which is the floor of the brother's apartment, knowing that the neighbor carried out the restoration while the brother was unable due to financial hardship, and is he required to pay immediately or can he delay?
The resolution of disputes falls to the judiciary, as the mufti hears from only one party. Regarding the issue of compelling a partner to rebuild a shared wall or roof that has collapsed, there is a difference of opinion among scholars. According to the view that mandates compulsion—which is the prevailing madhhab—the owner of the upper part is responsible for its expense. If he refuses, the ruler compels him to do so, or takes from his wealth. If that is not possible, a loan is taken on his behalf. If he is in financial difficulty, he is given time until Allah eases his situation, without him stinting on himself or his dependents. Rather, he should spend reasonably and allocate the surplus to repay his debt. If the two parties dispute the cost of construction, the disagreement can only be resolved by the ruling of a judge.
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