What is the ruling regarding the right of the lessor to claim the planted crop if the lease is dissolved upon the tenant's bankruptcy after some period has passed?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The lessor is not entitled to claim the crop itself, nor is he favored in that regard by consensus. The ruling that the crop must remain until harvest, without claiming its substance, is agreed upon. The interpretation of the Prophet's statement, 'Whoever finds his property intact with a man who has become bankrupt, he has a greater right to it,' does not apply here because the lessor does not find the substance of his property (the right to the usufruct) in a manner that allows him to take immediate possession of the original object, as his right does not inherently attach to the substance itself in this context.
Supporting text
Reasoning dictates that the seller in a bankruptcy scenario has priority over his item because his right is tied to the physical object, allowing its return to him in its original form, thereby taking precedence over those whose rights are merely tied to the debtor's personal liability (the *dhimma*). In the case of a lease, the right is not tied to the physical land in the same way, nor can the remaining usufruct be returned; therefore, establishing a ruling based on this analogy is an unfounded assertion.