Is the agricultural yield considered an inheritance if the father died before harvesting it, given that his will or prior agreement with his two sons is unknown?
The work of the two brothers on the land should be considered:
1. If there was a prior agreement: That they would have half, and the father would have half, then this must be adhered to, and they should not be given the entire harvest unless the father donates it.
2. If there was no agreement: But the two brothers work in exchange for what they receive from the harvest and are not volunteers, then they should be given the customary share, meaning what is given to one who works on another's land.
The evidence for this: Is the rule that whoever works on another's property and is not a volunteer is entitled to the customary share. This is supported by the story of Umar ibn al-Khattab with his two sons, Abdullah and Ubaydullah, where he treated the money as a mudarabah (profit-sharing partnership), so Umar took the capital and half the profit, and his sons took the other half.
3. After that: The land can be sold, divided, or an agreement can be reached for the brothers to work on it for wages or a portion of the harvest.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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