Question: Two partners have a jointly owned farm. One of them consumes from its fruits and benefits, while his partner remains silent and says nothing about it. After a time, the partner comes and demands from his fellow the value of what he consumed of the fruits. What is required of the one who benefited in this situation?
Answer—and Allah is the One who grants success and aid: Based on what the jurists of the madhhab mentioned—that the default in such a case is liability (unlike what preceded in the prior question1)—they distinguished between consuming usufructs and consuming corporeal things: they made the default in the first [usufructs] permissibility, unlike the second [corporeal things].
On the basis of what they established, the partner who benefited from the farm is liable for the value of what he consumed of the fruits from his partner’s share; silence is not considered consent nor permission.
This may be supported by His saying, “Indeed, Allah commands you to render trusts to whom they are due.” [al-Nisāʾ:58] and His saying, “So whoever transgresses against you, then transgress against him in the like of what he transgressed against you.” [al-Baqarah:194], and by what is related in the report: “The hand is liable for what it takes until it returns it.”
As for what the beneficiary himself sowed or planted in the land, he owes his partner nothing for that; he did not consume from his partner any corporeal property—rather, he benefited from shared benefits, and—as noted—the default regarding benefits is permissibility.
1- It is mentioned that the default concerning benefits is permissibility in the Book of Lease (Kitāb al-Ijārah), under the heading: “Living in a house without mention of rent.” (Editor).
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2