If the borrower has built or planted and the lender revokes the use of the land surrounding the structure/planting, what are the subsequent rights?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
If the borrower chooses to take the building and planting, they possess that right, as it is their property and they have the right to transport it. The borrower is not obligated to level the resulting excavation holes. This is based on the presumption that the lender consented to this upon lending the property, knowing the borrower might remove their planting. However, there is a possibility that the borrower must level the ground because the removal is by their choice, and if they refused removal, they would not be compelled, thus requiring them to level the ground as if they damaged their own land.
Supporting text
If the lender offers the value representing the reduction in value due to removal, or the value of the planting and building while standing for the lender to take, the borrower is compelled to accept, as this constitutes revocation without causing harm.