Section
These differing views also govern the case of a pre-emptor asserting his claim against someone in possession of sown land, whether before or after the seed has sprouted. Success comes from Allah.
Section
If a pre-emptor asserts his claim against someone in possession of sown land before the seed has sprouted—for example, where land is jointly owned by two partners, one sells his share, and the other wishes to exercise pre-emption while the land is sown but the seed has not yet sprouted—there are three possible cases:
First: the purchaser sowed the land.
Second: the seller sowed it or sold it already sown.
Third: the seed belongs to someone else, such as a lessee, someone granted the use of the land, or the like.
If the purchaser sowed the land, the pre-emptor takes it, while the seed remains the property of the purchaser who sowed it. According to the view that treats acquisition by pre-emption as a sale, he cannot validly exercise pre-emption until the seed has sprouted. It has also been said that he takes the seed along with the land, paying the value of the seed and the labour; alternatively, that he pays its value assessed with due regard to the prospects of a successful or unsuccessful yield, as with irrigating and tending a fruit crop.
If the seller sowed the land, the pre-emptor takes it sown for the full purchase price, according to the view that recognizes pre-emption over crops. According to the view that does not recognize pre-emption over crops, he takes the land for its corresponding share of the price if acquisition by pre-emption is treated as the enforcement of an existing entitlement. If, however, acquisition by pre-emption is treated as a sale, he cannot take it until the crop emerges.
If someone other than the seller or purchaser sowed the land, the pre-emptor takes the land, excluding the seed, for the full purchase price. There is no dispute concerning this case.