Is the lessee obligated to level the holes after removing the planting if the contract was unrestricted?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessee removes the planting, he is obligated to level the holes because the damage to another's property occurred without the owner's permission. This obligation also applies if removal occurs before the term ends, as the owner did not permit removal before that time, and the act diminishes the land in a manner not required by the lease agreement.
Supporting text
If the lessee refuses removal, he is not compelled unless the owner guarantees compensation for the diminished value of his planting. This latter opinion is held by Al-Shafi'i. Abu Hanifa and Malik hold that removal is obligatory without guaranteeing compensation, arguing that stipulating a term implies vacating the property upon expiry, analogous to renting for crops.