Who bears liability if the fruit is destroyed while still on the tree or after harvesting but before division?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the fruit is destroyed either while on the tree or after harvesting but before division, there are two opinions regarding liability. Those who consider the laborer to be the possessor by virtue of his established control over the tree's property hold that the laborer is liable for its loss. Those who hold that possession only occurs upon the laborer taking his actual share state that the laborer is not liable, and the liability rests upon the usurper.