What is the ruling for crops whose roots remain in the ground and produce multiple harvests, such as alfalfa or mint?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
There is a possibility that the ruling is the same as established for other crops (like wheat and barley) because they lack a strong primary branch, resembling annual crops. However, there is another possibility that their ruling should resemble that of permanent plantings (Gharas) because the root remains and the harvest is recurring. The concession made for short-duration crops in abandoning the analogy (Qiyas) is specific to them, meaning other crops should adhere to the analogy where the seed owner owns the increase, similar to a hen hatching eggs or feeding animals.
Supporting text
The view that the increase belongs to the seed owner aligns with analogy (Qiyas), as the crop is an increase on the owner's original capital. However, Ahmad adopted the ruling favoring the usurper's right to the crop based on the textual support (Athar) as a matter of juristic preference (Istihsan) against strict analogy. If adherence to the Hadith is required, its explicit meaning must be followed, which favors the usurper retaining the crop upon the land being recovered after harvest.