What is the permissible use of land rented specifically for planting trees (gharas) if the tenant wishes to cultivate crops (zar') instead?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The tenant is permitted to cultivate crops because the damage caused by cultivation is less severe than the damage caused by planting trees, although both actions affect the interior of the earth. However, the tenant is not permitted to build structures, because the damage caused by building affects the exterior of the earth, which is different from the initial agreed-upon use.