Is it permissible to combine a lease contract for barren land with a contract regarding the fruit/produce on existing trees on that land?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The combination of leasing barren land and stipulating conditions regarding the produce of existing trees on it is permissible. This is because each contract is individually valid, therefore combining them is permissible, analogous to combining sale and lease contracts. The more correct view upholds this permissibility.
Supporting text
It is disallowed if the combination of contracts is a stratagem to circumvent the prohibition against purchasing fruit before it exists or before its ripening stage (Badu Salah), whether the contracts are combined or done sequentially, based on the principles invalidating such stratagems.