Who owns the crop that grows spontaneously from seeds dropped on rented/cultivated land in a subsequent year?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 2

Open in Qurani

Primary text

The crop that sprouts in the following year from seeds dropped onto the land by the farmer belongs solely to the landowner. This view is explicitly stated by Ahmad, as narrated by Abu Dawud and Muhammad bin al-Harith. The basis for this ruling is that the original owner forfeited their right to the fallen seed due to established custom ('urf). Ownership is considered relinquished because the common practice dictates that the cultivator leaves such remnants, allowing others to gather them. This is analogous to incidental droppings like fruit or a morsel, which are considered abandoned possessions. Furthermore, if a person collects and plants dropped date pits ('nawa), the resulting tree belongs to the planter, supporting the principle here.

Supporting text

Al-Shafi'i holds that the crop belongs to the owner of the seed because the sprout is the exact substance of their original property, placing it in the same category as if they had intentionally sown it. However, this is counteracted by the principle of abandonment via custom.