What is the ruling if the parties agree on a time for harvesting the fruit?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the parties agree on a time for cutting the fruit, they are permitted to do so, regardless of whether the debt is due immediately or deferred, or whether cutting or leaving it is more beneficial. This is because the collateral remains their mutual concern.
Supporting text
If they disagree regarding the time of cutting before the debt matures, the opinion favoring what is more beneficial prevails. If the debt is due immediately, the opinion demanding cutting prevails. This is because if the creditor demands it, he seeks satisfaction of his immediate right, which must be granted. If the mortgagor demands it, he seeks to discharge his liability and free his property from the pledge, and cutting is deemed more cautious due to the potential uncertainty (*gharaar*) in leaving it.