What is the ruling on a tree whose shade covers the land of multiple people?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a tree's shade covers the land belonging to several people, those people have the choice: either to cut down whatever part is shaded or to take the fruit from the tree. This view is reported from Mak'hul.

Supporting text

The majority opinion deems this choice invalid, leaning towards the invalidity of the initial settlement regarding the fruit due to the unknown nature of the consideration, as stated above.