Is a settlement over a crop valid if the crop is held by two men and only one confesses to half of the claim, provided the settlement is agreed upon before the grain hardens?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

A settlement is not valid if the crop is in the hands of two men, and only one admits the claimant's right to half, followed by a settlement over that half, unless the settlement stipulates cutting the crop or retaining it. If the settlement stipulates retention, it is invalid because selling the crop in that state is impermissible. If the settlement stipulates cutting, it is invalid because the possessor cannot cut it without cutting the other man's crop.