What is the ruling on settling half the land in exchange for confessing the entirety of a crop, with the condition to cut the entire crop?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the confession is for the entire crop, and the settlement is for half the land in exchange, making the land and crop split equally between them, and there is a stipulation to cut all the crop, this allows for validity. This is because both parties have stipulated to cut all the crop and deliver the land empty.
Supporting text
Alternatively, prohibition is considered because the remaining portion of the crop is not something being sold, and therefore stipulating its cutting within the contract is not sound.