a half-share in that person, while still owing the aforementioned rent and his wife’s dowry. Is the claimant entitled to receive payment on the same footing as his partners, or to share proportionately with them, his entitlement being assessed in light of the claims of others? Please give us your ruling.
He answered:
The rent owed by the tenant to one of the lessors remains an outstanding debt, even if the tenant did not acknowledge that it remained unpaid. His acknowledgment therefore reinforces this. However, his creditors may require the lessor to swear that he had not discharged the tenant from this rental obligation through payment, waiver, or any other means. Yet, from the time it passed into someone’s possession, his partners are entitled to demand their share of the rent from him from that time onward. This rent constitutes a debt for which the claimant shares proportionately with the other creditors.
He was also asked:
A man was granted a feddan of clayey land, entered it in the endowment register, and cultivated it. The soldier then died, and someone else was appointed in his place and prevented the man from continuing. The man obtained a decree from the sultan permitting him to continue as before, but the successor prevented him, although he had already sown the land. Is he entitled to the rent for the land, or to the crop?
He answered:
Praise be to Allah. If the grantor gave it to him from his own land grant, and it was transferred from the land-grant register to the endowment register, whose lands are not assigned as grants, and he ratified that arrangement,