If the land is leased for cultivation generally, can the lessee plant or build upon it?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessee is not permitted to plant or build upon the land if the lease was specifically for cultivation, because the damage caused by planting or building is greater than that caused by cultivation. The specification must be for something whose damage is equivalent to or less than the specified purpose.
Supporting text
The prevailing opinion among scholars is that the specified crop is not fixed (i.e., the lessee can substitute crops). Da'ud and the Zahiris held the contrary view: that the lessee cannot plant anything other than what was specified, even down to the specific variety of grain, viewing the specification as binding just like specifying the means of conveyance or the denomination of the currency in a sale.