What is the validity of renting land dependent on seasonal, customary water increments (like river floods or tides) before that increment arrives?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Renting land that receives customary, needed water increments, such as land irrigated by the seasonal rise of the Nile, the Euphrates, the tides in Basra, or the seasonal increase of the Barada river in Damascus, or water from rainwater valleys, is valid both before and after the water increment appears. This is supported as a view within the Shafi'i school. The justification is that the appearance of such water is customary and its existence is highly probable, thus rendering the contract valid, similar to land irrigated by general rainwater.
Supporting text
The dominant view among the companions of Imam Al-Shafi'i states that if the contract is made after the water increment has occurred, it is valid, but if made before, it is invalid because the water is nonexistent, and there is uncertainty regarding its availability. However, the preferred view holds that the customary nature and the presumption of ability to deliver the benefit at the required time are sufficient for validity, analogous to forward sales (Salam) for fruit until its season.