Are we, the heirs of one of the original partners in a "Mugharasa" (land cultivation agreement) contract concerning a piece of land, entitled to demand that the heirs of the other partner relinquish their share of the land to us in exchange for financial compensation for the trees, or should we divide our share with the heirs of the original landowner without any relation to the share of the other partner's heirs, especially given that my father requested this from them before his death?

Scholars have differed concerning mugharasa (a type of sharecropping where one provides land and the other cultivates trees). The majority of scholars hold that it is impermissible, while the Malikis deem it permissible. According to the view that mugharasa is invalid, the land and trees belong to theirs of the landowner, and your father's heirs and your father's paternal cousin's heirs are entitled to the value of the saplings and the wages for their labor. According to the view that it is valid, which is the more preponderant opinion, the heirs of your father's paternal cousin have the right to dispose of their property, and you have no right to demand its purchase through pre-emption (shufa'a), because the disposition is a gift and not a sale. The heirs of the landowner are partners who have priority in pre-emption.