Giving Land on Lease for Cultivation – Ruling if the Crop is Destroyed
Source: Aḥkām wa Masāʾil, Issues of Buying and Selling, Vol.1, p.382
The Question
Is it permissible to lease land for cultivation purposes, particularly when the landowner demands the fixed lease payment in every case—even if the crop is destroyed?
The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
Permissibility of Leasing Land
✔ Land can be given for farming in two valid ways:
- Bata’ī (Sharecropping): The produce is shared between the landowner and the cultivator.
- Fixed Rent (Lease): The land is rented for a fixed amount of money.
Both forms are permissible in Sharīʿah, with evidence found in authentic narrations of Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim.
Prohibited Form of Sharecropping
A specific form of bata’ī is not permissible:- When the agreement is that the owner will take produce from a specific plot (e.g., a particular corner of the field), while the cultivator takes from another fixed section.
- This creates uncertainty (gharar), as it is unclear who will benefit more if one section is fertile and another barren.
Conclusion
◈ Giving land on lease (the owner receiving a fixed rent regardless of the crop’s success or failure) is permissible.
◈ Sharecropping is also allowed, except in the prohibited form mentioned above.
ھذا ما عندي والله أعلم بالصواب
