What is the scope of permission when land is lent specifically for establishing plantings or building structures?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the land is lent specifically for establishing plantings or building, the borrower owns the right to utilize only that which was explicitly permitted and not the other, because the damage caused by each is distinct. The damage from establishing plantings affects the subsoil due to root expansion, while the damage from building affects the surface, meaning permission for one is not permission for the other.