What is the ruling on renting land dependent on rare or non-obvious water sources for cultivation or planting trees?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the water source is rare, such as only sufficient heavy rainfall or rare floods from a valley or river, the contract is valid if the land is rented *after* the water necessary for irrigation has appeared, because the benefit can then be realized. If the land is rented *before* the rare water appears for planting trees or cultivation, the contract is invalid because cultivation is likely to be impossible, making the object of the contract seemingly unobtainable, similar to a runaway slave (abeq) or usurped property.
Supporting text
If the land is rented under the explicit condition that it has no water, the contract is valid because the tenant can still benefit by residing there, keeping provisions, gathering firewood, and planting in hope of water. If water appears before planting, the tenant may plant. However, the tenant cannot build or plant trees, as these actions imply permanence, contradicting the time-bound nature of the lease which requires vacating upon expiration. If the contract specifies building and planting for a term, it is valid only if a condition is stipulated for removing them upon expiration, distinguishing it from the case where the nature of the land itself precludes these uses.