Aslm Mufti Sahib I have a question regarding a masala. Example: There’s a land. 10 people have a haq over it. Zaid tells the remaining 9 inheritors to come and demarcate your haq so I can take my portion. The remaining 9 inheritors don’t come to demarcate and choose their portion of the land. Therefore, Zaid cannot demarcate his own portion because the remaining 9 inheritors might complain that, “you took the good portion and left us the bad portion.” So Zaid starts farming on the land because he wants to make money and support his family. He does not know his specified portion due to the negligence of the other inheritors. Whatever crops are grown on this land, he sells them and makes money. The inheritors tell Zaid to give them some of the crops too but he refuses. He says, “if you want the crops then come take care of the land yourself. But if you will make me do the work and farm, then I want whatever is grown from this land as wages for the effort I make on this land. The remaining inheritors continue to complain about Zaid saying he is usurping their rights whilst they persist on not coming to demarcate their portions, and they refuse to work on the land to grow the crops. What should Zaid do in this situation? Is the income of Zaid halal?
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Once Zaid has informed the other partners, if they did not have any valid reasons for not demarcating the land, Zaid may choose one tenth of the land for himself, and work and earn from that.
However, if the other partners have a valid reason, then Zaid will have to wait for his portion to be demarcated. Then only may he use that land as a source of income.
If Zaid used the entire land, and not only only one tenth, he will have to pay the other partners their dues.
And Allaah Ta’aala knows best
Ismail Moosa (Mufti)