A case of partnership in property acquired by taking possession

Question

Question: Zayd took possession of a field at a time when people generally were taking possession of lands; it was in that period that Zayd took possession of this field. At that time Zayd had three brothers, but one brother had separated even before it was taken, while Zayd and Bakr lived together. But after taking possession, when the time came to have the name recorded, Zayd had only his own name recorded and did not have Bakr’s name recorded, although the names of both used to be recorded jointly.

Answer

Taking possession of someone else’s field without a Sharʿi basis is not permissible, and by such possession ownership of the possessor is not established either. So if Zayd, after taking possession of the field, had brought about such a situation by which he became its owner under the Sharia, then Bakr had no right in it: Bakr did not even spend money on it; it was Zayd alone…

Source: Fatawa Mahmudiyya

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