How should the proceeds from the sale of agricultural land be distributed, after failed projects were established on it, between the landowner and the usufruct/project partners, who did not define the nature of the partnership—whether it was usufruct or ownership—especially since the partner who incurred greater losses believes that the amount should be divided equally between him and the landowner, while the other partner believes that half should go to the landowner and half to the other partners, particularly since the partners do not wish to sever ties or unjustly consume each other's wealth?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The land is considered part of the company's assets if its owner authorized his father to manage it without restriction, and the father and his brother evaluated it on the day the partnership agreement was concluded, making it part of the company's capital. If it is sold, its price is to be divided among the partners, each according to his share, as Al-Kharashi mentioned in his commentary on Mukhtasar Khalil: "And with cash (dirhams), and with goods, and with two types of goods (land and the like) absolutely, and all at their value on the day they were presented (the day the partnership contract was made)."
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 61282
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