What is the ruling if the contract stipulates the permanence of the planting?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 9 · Bab 1

Open in Qurani

Primary text

The ruling is that it is valid, and it follows the same ruling as an unrestricted contract. This is the view of Al-Shafi'i's companions.

Supporting text

There is a possibility that the contract is invalidated because stipulating permanence contradicts the implication of the contract's nature, similar to stipulating permanence of annual crops beyond their growth period. The condition is void because it does not necessitate adherence and yet affects the contract, thus invalidating it.