What are the rights of a borrower when land is lent absolutely for planting, building, or establishing plantings?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
If land is lent absolutely, the borrower may plant crops, establish plantings, and build structures upon it, as these are all uses for which the land is prepared due to the unrestricted permission. If the lending was specifically for establishing plantings or building, the borrower may still plant crops, as the damage from planting is less severe than that from establishing plantings or building; this is treated as having utilized part of the permitted action. However, if the lending was only specified for planting crops, the borrower may not establish plantings or build structures because their damage is greater, meaning permission for the lesser is not permission for the greater.