Borrowing partner’s portion of land for cultivating crops

· 7 Shaʻban 1443 AH1 min readEnglish

Question

Two people own a piece of land which is in joint partnership. One partner decides to cultivate the land and sell the produce (with the permission of the other partner). Does the other partner share in the profits (from the produce that will be sold)?

Answer

Looking at the manner in which the question has been posed, we understand that two people own a piece of land. One partner uses the entire land for cultivating crops with the consent of his partner. Loaning any item to another (whether movable or immovable) is considered as a voluntary act, for which one is not entitled to any form of compensation. Hence, in this scenario, the proceeds accrued from the sale of the crops will belong solely to the partner that cultivated the land. The partner that loaned his portion of the land will not be entitled to any profits.

References (Arabic / Urdu sources)

وهكذا ذكر شمس الأئمة السرخسي رحمه الله في شرح كتاب السير —- فقال: العارية تبرع، والهبة تبرع (المحيط البرهاني ص169 ج3)

ولو استعار الأرض في ذلك كله جاز؛ لأن العارية تبرع لا يتعلق به اللزوم (المحيط البرهاني ص478 ج7)

Answered by
Mufti Mohammed Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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