What is the ruling on a reciprocal settlement involving half of the land and half of the crop when the land belongs to one party and the crop belongs to another?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If one party (Claimant A) claims half of the land and the other party (Claimant B) claims ownership of the crop, and they settle such that A claims settlement for half of their land in exchange for half of B's crop, resulting in both land and crop being jointly owned half-and-half between them, the transaction is permissible if the crop grain has hardened. If the grain has not hardened, the validity is subject to two scholarly opinions, depending on the ruling concerning selling a crop from the landowner's property.
Supporting text
If the parties stipulate that all the crop must be cut and the land handed over empty, there are also two opinions. One view states this is valid because all the crop is stipulated to be cut and the land cleared. The other view holds it invalid because the landowner sold half the land conditional upon cutting another's crop so that his land may be delivered free of obstruction.