Is it permissible to rent agricultural land for payment in currency (gold, silver) or other commodities?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
Renting agricultural land for a known period using currency (gold and silver) or other commodities, excluding foodstuffs, is permissible according to the majority of scholars. This view is held by Ahmad, Ibn al-Mundhir, Sa'd, Rafi' ibn Khadij, Ibn Umar, Ibn Abbas, Sa'id ibn al-Musayyab, 'Urwah, al-Qasim, Salim, Abdullah ibn al-Harith, Malik, al-Layth, al-Shafi'i, Ishaq, Abu Thawr, and the companions of Ray' (Ahl al-Ra'y). The permissibility is evidenced by the statement attributed to Rafi' that the Prophet (peace be upon him) did not prohibit renting land for gold and silver. Furthermore, a narration states that the Prophet (peace be upon him) commanded renting the land for gold or silver after prohibiting renting it for some of its yield. The reasoning is that land is a tangible asset from which permissible usufruct can be obtained while the asset remains, thus its rent by monetary values or similar is valid, analogous to renting houses.
Supporting text
A view held by some scholars, including Tawus and al-Hasan, expressed dislike for this practice based on the Hadith where the Prophet (peace be upon him) prohibited the rental of cultivated land (kira' al-mazari').