What is the determination if the bankrupt and the general creditors disagree on preserving or cutting the fruit/crop?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the bankrupt and the creditors agree on preservation or cutting, they may proceed as agreed. If they disagree, and some demand cutting while others demand preservation, a review is necessary. If the item has no value when cut, or minimal value, it must not be cut, as cutting it constitutes foolishness and waste of wealth, which the Prophet (PBUH) forbade. If the value is high, there are two views. One view holds that the position of those demanding cutting takes precedence as it is more cautious, as preservation involves uncertainty, and the claimant for cutting seeks to clear his liability, or the creditors seek the acceleration of their rights, which is a right for them. This is the position of Al-Qadi and most of Al-Shafi'i's companions.
Supporting text
The second view suggests adopting the course that yields the greatest benefit for all parties, assuming safety, which justifies allowing planting for the guardian of an incompetent person. A third view states that if the creditors demand cutting, their request must be met because their rights are due immediately, and they are not obligated to postpone them when immediate fulfillment is possible. If only the bankrupt demands cutting, and preservation is more beneficial for him, cutting is not mandatory, as the creditors consented to delay their rights for a benefit accruing to both them and the bankrupt, while the bankrupt seeks something detrimental to himself and prevents the creditors from realizing the benefit gained by the delay; thus, the creditors are not obligated to comply with his request.