What is the ruling on the pledgee planting on pledged land before the stipulated term expires?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledged item is land and the pledgee plants upon it before the term expires, this is treated as unauthorized planting by a usurper (Ghasib), as the planting occurred without the pledgor's permission.
Supporting text
If the planting occurs after the term expires, and there was a prior stipulation that the pledge would transfer to the pledgee, the planting is considered authorized. This is because even though the sale stipulation is void, it implies permission for disposition. Consequently, the pledgor has the option among three choices: confirming the planting belongs to the pledgee, taking its value, or forcing its removal while compensating for any resulting damage.