Planting on another’s land

Question

Question: Bakr expressed the idea of planting cocoa plants on Zayd’s land. Zayd did not agree, and so he kept refusing, but Bakr kept insisting and planted the cocoa plants without Zayd’s consent. Because they were compatriots and because of their relations, Zayd kept silent. Bakr’s financial condition was weak, and Zayd, thinking, “If I do not help, my land will be ruined,” kept giving Bakr poison for killing the grass, fertiliser and the like, and the labourers’ wages.

Answer

[ar]ومن بنى أو غرس في أرض غيره بغير إذنه أُمر بالقلع والرد، وللمالك أن يضمن له قيمة بناء أو شجر أُمر بقلعه إن نقصت الأرض به[/ar] “Whoever builds or plants on another’s land without his permission is ordered to uproot and return it; and the owner may pay him the value of the building or trees that were ordered to be uprooted, if the land is diminished by it” (“Tanwir al-Absar”).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.