The Case of One Who Farms on Other’s Land

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who comes to the land of another man and cultivates it without the permission of the owner until it is time of harvests; and the owner comes and says, ‘You have cultivated my land without my permission so your plantation belongs to me and I owe what you have spent’; if he is right. He (the Imam) said, ‘Plantation belongs to the farmer and the owner of the land deserves to receive the rent for his land.’”

“About the case of a man who rents a house in which there is a garden, in the garden he plants palm trees and other fruit bearing trees and fruits and so on without permission from the owner of the garden. He (the Imam) said, ‘He must pay the rent and the owner of the garden evaluates the plantation in a fair manner and pays to the man who had planted them. Had he asked permission he had to pay the rent and the plantation belonged to him, which he had to cut off and take whenever he wanted.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who purchases the palm tree to cut for its branches, but he disappears and leaves the palm tree in its original condition without doing anything about it, he comes only when the tree has already pollinated. He (the Imam) said, ‘The pollinated palm tree is his and he can do whatever he wants unless the owner of the garden has been watering it and looking after it.’”