What is the ruling if the lease is specified only for cultivation, without restriction on the type or amount?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the land is leased solely for cultivation, either absolutely or by stating, 'so you may cultivate whatever you wish,' the contract is valid, and the lessee may cultivate whatever they wish. This is the established madhab of Al-Shafi'i. The basis for this ruling is that it is permissible to lease the land for the most damaging form of cultivation, and all other types are permitted because they are less damaging. When the permission is general or unrestricted, it encompasses the most extensive permission, and the lessee is entitled to everything less than that. This differs from different categories (like cultivation versus planting), where one category does not include the other.
Supporting text
It was argued that if a riding animal is leased for riding, the rider must be specified due to the increased potential for harm, which is not the case with cultivated crops. Additionally, an animal has inherent sanctity, precluding such generality, unlike land. Furthermore, if a house is leased for dwelling generally, one cannot lease it to someone who causes damage, like a fuller or a blacksmith, because dwelling does not inherently imply damage; however, cultivation inherently implies some level of damage, so granting general permission implies consent to the maximum possible damage.