Borrowing partner’s portion of land for cultivating crops

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.

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)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 07 Shabaan 1443 / 10 March 2022