What is the ruling if the lessee is permitted to cultivate or plant as they wish?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the lessor states, 'I have leased it to you so you may cultivate whatever you wish, or plant whatever you wish,' the contract is valid. This is the explicit position of Al-Shafi'i. The reasoning is that the contract implies permission for these two activities, making it valid, similar to stating one can cultivate as they wish. Furthermore, the difference between these two categories (cultivation and planting) is analogous to the difference between types within one category, and since permission for all types of cultivation was valid, permission for these two categories is also valid. The lessee has the right to plant the entire area or cultivate the entire area, just as if permitted for all types of cultivation, they could cultivate all of it using a single type.

Supporting text

The majority of Al-Shafi'i's students disagreed, stating it is invalid because the extent of what will be cultivated or planted is unknown. Some among them stated it is valid, allowing the lessee to cultivate half and plant half.