Is a land lease contract valid if it stipulates that the tenant may leave the crop until it matures, despite the agreed-upon short term?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the contract stipulates that the crop must remain on the land until it matures, the contract is void (*fasid*). This is because the stipulation combines two contradictory elements: defining a term implies vacating it, whereas stipulating retention contradicts this. Furthermore, the duration of this retention period is unknown (unspecified).

Supporting text

If the tenant plants despite this void condition, he is not required to remove the crop, similar to cases where the term was insufficient but the contract was upheld based on partial utilization.