What is the ruling regarding the ownership of the crop (Zar') when the rightful owner recovers the land after the usurper has harvested it?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the rightful owner recovers the land after the usurper has harvested the crop, the crop belongs entirely to the usurper. This is established without known dispute because the crop is considered an increase (Nama') of the usurper's property. The usurper must pay rent (Ujra) for the land until the time of handover and is liable for any guaranteed decrease in the land itself.
Supporting text
If the owner recovers the land while the crop is still standing, the owner cannot force the usurper to remove it. The owner has the choice: either allow the crop to remain until harvest and take rent for the land plus compensation for any physical damage, or reimburse the usurper for his expenses (Nafaqa) and take ownership of the crop.