One Partner Cultivating Jointly Owned Land Without the Other Partners’ Permission

Question

Question: (1) Zayd, ‘Umar, Bakr and Khalid have a jointly owned orchard which has not been partitioned among the four of them, either legally or by mutual consent. Now, if one partner cultivates it and gives nothing to the other partners, do the other partners in that case have the right to demand the profit or to demand an account, or not?

Answer

He should not have cultivated it without the consent of the other partners: he should have had it partitioned and then cultivated his own share. However, in the present case, since he cultivated only within his own share and the other partners did not give permission, they have no right even to demand a share of the produce. (2)

Source: Fatawa Mahmudiyya

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