What is the status of a lessee who plants a crop more harmful than the one specified in the lease?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessee who plants something more harmful is treated as a usurper (ghasib) concerning the landowner. The landowner has the right to prevent the planting initially due to potential harm. If planting occurs, the landowner has the choice to allow the crop with the rent, or to take the crop and pay the expenses incurred. If the lessee harvests the crop without the owner's knowledge, the owner is entitled only to the rent, as detailed in the chapter on Usurpation.
Supporting text
Those supporting Abu Bakr's view argue that since the lessee transgressed by planting the entire crop, he owes the going rate for the whole, like a usurper. This differs from adding an excess distinguishable item, where liability is only for the excess.