Anqad (the rubble of demolished buildings, and its disposal, in endowments and in buildings on another's land)

Anqad is the plural of naqd, the rubble of a demolished building; naqd denotes the demolished structure and the demolition itself. ¹

The rubble of a fallen endowed building is used in its repair; if it cannot be restored, it is sold and the price spent on its repair. The same applies to a mosque: if neither the mosque nor its rebuilding is possible, its rubble or price is used in another mosque. ¹

• The Hanbalis, the Hanafis (other than Muhammad), some Malikis and the Shafi'is agree on this; the Shafi'is keep unusable rubble and do not sell it. ¹
• Muhammad ibn al-Hasan returns the rubble to the builder or heirs; Khalil and Ulaysh of the Malikis forbid selling the rubble of endowed real estate. ¹

• With the owner's leave: where the loan is open or time-limited and the owner stipulated removal at the end, the borrower must remove the building; without such a stipulation he cannot be compelled, and the owner may take the building at its value, or have it removed and be compensated for the loss, or leave it for its hire value, as the Hanbalis and Shafi'is hold. The Hanafis allow the owner to compel removal after the term. ²
• Without leave: a usurper who builds on another's land must demolish the building, restore the land and pay the loss, by the Hanafis, Shafi'is and Hanbalis; the Malikis let the owner take the building at its demolished value or order its removal. ²

What a person builds on his own land that harms others must be demolished, on the hadith that there is no harm nor reciprocating harm; any damage from its collapse is his liability. ¹