at the fair rental value. If the rent acknowledged by the cultivator exceeds the fair rental value, neither party is required to swear. According to this other authority’s view, it makes no difference whether or not the landowner knew of the cultivation. He is not required to swear that he was unaware of the cultivation; rather, he swears only that he did not lease the land to the cultivator and thereby becomes entitled to its fair rental value. If he declines to take that oath, the cultivator must swear, even if the rent he claims is implausible.
Section
The second category is where the landowner brings his claim against the cultivator after the planting season. If the cultivator acknowledges that he had no lease from the landowner, the latter is entitled to the fair rental value without taking an oath, whether or not the cultivator claims that he cultivated the land with the landowner’s knowledge and awareness.
If, however, the cultivator claims that the landowner leased it to him, without claiming that he cultivated it with the landowner’s knowledge and awareness, the landowner must swear that he did not lease it to him and may then recover its fair rental value. If he declines to swear, the cultivator must swear to the rent he claims.
If the cultivator claims both that the landowner leased it to him and that he cultivated it with the landowner’s knowledge and awareness, the landowner must swear to deny both claims. If he does so, he receives the fair rental value. If he declines to swear to deny both claims, or declines to swear that he did not lease it to him, the cultivator must swear to the rent he claims. If the rent acknowledged by the cultivator exceeds the fair rental value, neither party is required to swear.
If the landowner declines to swear that the cultivation took place without his knowledge and awareness, then, according to Ibn al-Qāsim’s position, the cultivator must swear: “I cultivated it with his knowledge and awareness, and I leased it from him for such-and-such an amount,” provided that amount is plausible. If it is not plausible, the landowner must swear that he did not lease it to him and receives the fair rental value. According to the other authority’s view, the landowner swears that he did not lease it to him and receives the fair rental value.