The Case of One Who Farms on Other’s Land

1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who comes to the land of another man and cultivates it without the permission of the owner until it is time of harvests; and the owner comes and says, ‘You have cultivated my land without my permission so your plantation belongs to me and I owe what you have spent’; if he is right. He (the Imam) said, ‘Plantation belongs to the farmer and the owner of the land deserves to receive the rent for his land.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

3. Muhammad ibn Yahya has narrated from Muhammad ibn Yahya from Yazid ibn Ishaq from Harun ibn Hamzah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who purchases the palm tree to cut for its branches, but he disappears and leaves the palm tree in its original condition without doing anything about it, he comes only when the tree has already pollinated. He (the Imam) said, ‘The pollinated palm tree is his and he can do whatever he wants unless the owner of the garden has been watering it and looking after it.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

2. Ali ibn Ibrahim has narrated from his father from ibn Faddal from Ali ibn ‘Uqbah from Musa ibn ‘Ukayl al-Numayriy from Muhammad ibn Muslim who has said the following: “About the case of a man who rents a house in which there is a garden, in the garden he plants palm trees and other fruit bearing trees and fruits and so on without permission from the owner of the garden. He (the Imam) said, ‘He must pay the rent and the owner of the garden evaluates the plantation in a fair manner and pays to the man who had planted them. Had he asked permission he had to pay the rent and the plantation belonged to him, which he had to cut off and take whenever he wanted.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.