Does the owner of seeds whose growth is established on another's land owe rent for the duration the growth remains until harvest?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
The growth established on the land must remain until the time of harvest, and the owner of the seeds must pay rent equivalent to the fair market value for that period. This obligation exists because preventing the growth from remaining, after it was allowed to grow on the land without compensation or benefit to the landowner, constitutes harm and an unauthorized occupation of their property without compensation. This contrasts with the situation of one's beast of burden staying overnight, which is not an enduring occupation that the owner is forced to accept indefinitely without compensation.
Supporting text
Al-Qadi holds that no rent is due because the growth established itself on another's land without the seed owner's negligence, similar to a beast of burden staying on someone's land without fault.