What is the ruling on a settlement where one man confesses to half of the crop and settles for half of the land so that the whole crop belongs to the confessor and the land is split between them?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the crop belongs to one man, and he confesses half of it to the claimant, and then settles for half of the land so that the entire crop belongs to the confessor and the land is split equally, the settlement is valid if it stipulates cutting the crop, because the entire crop now belongs to the confessor, making the stipulation to cut permissible.
Supporting text
It is plausible that this settlement is invalid because part of the crop involved, the half not originally claimed or confessed, is not being sold, and thus stipulating to cut it is invalid, similar to stipulating the cutting of another's crop on another piece of land.