He—may Allah have mercy on him—was asked:
A soldier had some uncultivated land. A farmer said to him, “I will cultivate this land for you, with two-thirds for me and one-third for you,” on condition that the farmer pay the soldier a specified amount for that one-third. This condition was stipulated. The soldier then gave the farmer one wasq-measure of flaxseed to sow on that land. The soldier died before the crop matured, whereupon the farmer took possession of the entire crop and withheld the specified amount from the heirs. Is he entitled to do this, given that the condition was not put in writing?
He answered:
Whatever the soldier is entitled to receive, whether a fixed payment, a share of the crop, or anything else, passes to his heirs, regardless of whether the condition was put in writing. Whenever an upright witness, or one whose uprightness has been attested, gives testimony and the claimant supplements that testimony with an oath, judgment is given in the claimant’s favour.