Is the owner of seeds carried by a flood obligated to remove the resulting plants from another person's land?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
The owner of seeds carried by a flood from their land onto another's land, where they germinate, is not obligated to uproot the resulting growth. This is because uprooting the growth constitutes destruction of property belonging to the seed owner, and no fault or negligence occurred on their part. Furthermore, the harm is not perpetual. This principle is supported by the analogy that one is not forced to kill their animal if it enters another's property in a way that exit necessitates destruction of property, like breaking a door.
Supporting text
One opinion held by followers of Al-Shafi'i states that the owner is obligated to remove the growth if the landowner demands it, as the growth occupies another's property without permission, similar to tree branches extending over a neighbor's air space. This view distinguishes itself from the main opinion by emphasizing the unauthorized occupation of property and equating the situation to encroaching branches, whose harm is perpetual and the extent of air space occupied is difficult to quantify, potentially requiring rent.