What is the ruling if land worked upon is claimed by another owner after the labor is complete?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If land worked upon is proven to belong to another owner after the work has been performed, the rightful owner takes possession of the land and its fruit because it is the original corpus of his wealth. The laborer has no right to the fruit because he acted upon it without the owner's permission, and he is not entitled to wages for his labor for this reason. However, the laborer is entitled to the fair wage (*ajr mithl*) from the usurper because the usurper deceived him and employed him, thus making the wage obligatory, similar to when someone usurps a block of metal and hires someone to strike it into coins.
Supporting text
If the fruit was exposed to the sun and did not decrease in value, the owner takes it. If it decreased, the owner is entitled to compensation for the depreciation, and this claim can be directed against either the rightful owner or the laborer, but the liability ultimately rests with the usurper.