The land does not follow the plants
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable and virtuous brother, Shaykh 'A. S. Sh., may Allah preserve him and take care of him, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 4/7/1386 AH, has arrived—may Allah guide you—and the question it contains regarding:
The issue raised by the cousins concerning your ownership of the place called al-Nuq'ah, and their claim that the land reverts to the heirs of the grandfather, 'Abd al-'Aziz (may Allah have mercy on him), was known.
Answer: What the scholars have established in the chapter on musaqah is that the land does not follow the plants, and that it remains with its owner; if the trees die out, it reverts to its owner. This is the well-known position of the four Imams and others. However, some scholars mentioned that if the owner and the planter agree that the land follows the plants, there is no harm in that, and this is the opinion chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him).
If the grandfather, 'Abd al-'Aziz, and the grandfather, 'Abd Allah (may Allah have mercy on them both), mentioned in the musaqah contract that the land follows the plants, then the condition is valid according to the stronger opinion chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), in accordance with the famous hadith:, and the grandfather 'Abd Allah would have a share of the land corresponding to his share of the plants, according to the condition between them.
However, if they did not mention in the musaqah contract that the land follows the plants, then the father 'Abd Allah has no right to anything but the trees; if the trees die out, the land reverts to its owner, who is the grandfather 'Abd al-'Aziz (may Allah have mercy on him). This is what I know regarding this issue, and Allah (Glorified and Exalted is He) knows best.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 4/7/1386 AH, has arrived—may Allah guide you—and the question it contains regarding:
The issue raised by the cousins concerning your ownership of the place called al-Nuq'ah, and their claim that the land reverts to the heirs of the grandfather, 'Abd al-'Aziz (may Allah have mercy on him), was known.
Answer: What the scholars have established in the chapter on musaqah is that the land does not follow the plants, and that it remains with its owner; if the trees die out, it reverts to its owner. This is the well-known position of the four Imams and others. However, some scholars mentioned that if the owner and the planter agree that the land follows the plants, there is no harm in that, and this is the opinion chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him).
If the grandfather, 'Abd al-'Aziz, and the grandfather, 'Abd Allah (may Allah have mercy on them both), mentioned in the musaqah contract that the land follows the plants, then the condition is valid according to the stronger opinion chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), in accordance with the famous hadith:
Muslims are bound by their conditions
المسلمون على شروطهمHowever, if they did not mention in the musaqah contract that the land follows the plants, then the father 'Abd Allah has no right to anything but the trees; if the trees die out, the land reverts to its owner, who is the grandfather 'Abd al-'Aziz (may Allah have mercy on him). This is what I know regarding this issue, and Allah (Glorified and Exalted is He) knows best.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.