What is the ruling if the crop remains unharvested after the lease expires without negligence on the part of the lessee?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the crop remains due to circumstances beyond the lessee's fault, such as planting a crop that typically matures within the term, but it is delayed due to cold or other reasons, the lessor is obligated to allow it to remain until it finishes maturing. The lessor is entitled to the agreed-upon rent (al-musamma) plus the rent-in-kind (ujrat al-mithl) for the time exceeding the original term. This is one of the two opinions among the Shafi'i scholars.
Supporting text
The second opinion among the Shafi'is holds that the lessee is obligated to remove the crop because the term was set for the crop to be harvested, and thus the contract must be fulfilled. They argue that the delay constitutes negligence because the lessee could have planted earlier within the term but did not. However, the correct position is that since the crop was established on the land with permission and without negligence, it must be allowed to remain, similar to a loan of land where the owner reclaims it before maturation. The assertion that this is negligence is incorrect because the standard term already accounts for maturation; demanding a longer period results in extra rent without benefit, thus wasting a certain benefit for a potential outcome contrary to custom, which is the true negligence.