If land has standing crops, can partition be forced for the land alone, excluding the crop?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If one partner seeks to partition the land without the crop, the reluctant party is compelled. The crop is treated like movable goods in a house, which does not prevent land partition. If partitioned, the crop remains jointly owned, similar to if they sold the land to a third party.
Supporting text
If one requests to partition only the crop, the other is not compelled because partition requires adjusting the shares, and adjusting the crop by shares is impossible as it must remain jointly owned in the land. If partition includes the existing crop, it is allowed, and the reluctant party is compelled, as the crop follows the land. If the crop is merely seed not yet sprouted, partition is generally not enforced due to uncertainty (jahalah) and difficulty of segregation, though an alternative view suggests permissibility as it follows the land.