How is the expense for maintaining the crop/plant divided between two beneficiaries holding separate rights to it?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The expenses must be shared between them because each has a right established over the crop. If one refuses to contribute to the necessary maintenance (like watering), they are treated like partners in the original crop. One view, attributed to Abu Bakr, mandates that the refusing party is compelled to contribute because neglecting maintenance causes harm to both parties and leads to the waste of property. This is supported by the principle established by the Prophet: "No harm nor reciprocating harm" and the prohibition against wasting wealth.
Supporting text
An alternative view holds that the refusing party cannot be compelled to contribute. The reasoning is that a person is not compelled to spend on their own property, nor on the property of another when acting alone; similarly, this lack of compulsion should apply when they are jointly involved in this manner.