What is the ruling on an unconditional rental contract for land known to lack permanent water?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the rental of such land is made unconditionally, but both parties are aware of its condition and lack of water, the contract is valid, as knowledge of the situation functions similarly to an explicit condition, like knowledge of a defect functioning as a condition for acceptance. If the tenant was unaware of the lack of water, or believed they could obtain water somehow, the contract is invalid, possibly because the transaction proceeded on the basis that the owner would secure water for cultivation.

Supporting text

A dissenting opinion suggests the contract is invalid even if both parties know the condition of no water, because the unconditional leasing of land implies the possibility of cultivation, which is currently unobtainable.