What is the ruling if the fruit has been divided and consumed after the land was claimed by the true owner?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the fruit has been divided and consumed after the land was claimed, the true owner may hold either the usurper or the laborer liable for restitution. If the true owner holds the usurper liable, the usurper may be held liable for the entire amount or only for the laborer's share. The laborer is liable for his share because the usurper is the cause of the laborer's possession, making the usurper liable for the whole. If the usurper is held liable for the whole, he may seek recourse against the laborer for the laborer's share, as the damage occurred in the laborer's possession, establishing final liability upon the laborer. The laborer may then seek recourse against the usurper for his fair wage.
Supporting text
There is an opinion that the usurper cannot seek recourse against the laborer, analogous to a situation where a person feeds another something, saying, 'This is my food,' but it later turns out to be usurped property. If the laborer is held liable, there is a view that he is only liable for his share because he did not take full possession, merely guarding it. Another view holds him liable for the whole because his possession was established over everything wrongfully and knowingly. If the laborer is liable for the whole, he may seek recourse against the usurper for the value of his share and his fair wage. If each party is held liable only for what came into their possession, the laborer is only entitled to recourse against the usurper for his fair wage and nothing more.