Does the lessor have the right to prevent the lessee from planting a crop that will not mature within the lease term?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

The lessor has the right to prevent the lessee from planting anything that will not mature within the lease term because such an act is a means for the crop to remain on his land without right. If the lessee plants such a crop, the lessor cannot demand its removal before the term ends because the lessee has the right to the use of the land during the lease, and since the lessor cannot demand removal after the term, demanding it before the term is even less appropriate.

Supporting text

Regarding the opinion that mandates removal after the term, it is argued that if demanding removal is unavoidable, it should occur at the exact time the lessor is entitled to receive the property vacant.