When the landowner allows the usurper's crop to remain until harvest, what is due to the landowner?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the owner consents to leave the crop with the usurper until harvest, the owner may take the rent (Ujra) for the land. This is permissible because the usurper utilized the usurped property with his own capital, granting the owner the right to compensation for that utilization, similar to leaving food or stones in a house requiring time for removal.
Supporting text
If the owner chooses to take the crop, he has that right, akin to how the claimant of preemption (Shufi') can take the buyer's permanent plantings by paying their value. There are two transmitted narrations regarding what must be returned to the usurper: one states the value of the crop, as it is a substitute, and because the crop was his until the owner seized it; the second states that the usurper is only reimbursed for the expenses of the seed, tilling, and watering, based on the Hadith stating the cultivator owes expenses (Nafaqa), where 'expense' does not typically mean the full value of the product.