What is the ruling when a lease for agricultural land expires while the crop has not yet matured for harvest?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the expiration of the lease term is due to the lessee's negligence, such as planting a crop that customarily does not complete maturation within the term, the ruling is the same as for a usurper's crop. The owner (lessor) is given the choice after the term ends: either to take the crop at its value or allow it to remain with an additional rent for the period beyond the term. This is because the lessee kept his crop on another's land through transgression. If the lessee chooses to cut the crop immediately and vacate the land, he is permitted to do so, as this removes the harm and surrenders the land as stipulated by the contract. This view aligns with the position of Al-Shafi'i.
Supporting text
The Qadi mentioned that the lessee must remove the crop and clear the land, and if they agree upon leaving it for compensation or otherwise, it is permissible.