no work is done on them, the fruit may fail altogether or diminish. Some trees will bear no fruit unless they are watered. If tending them had no effect at all, it would not be permissible to entrust them to a worker in exchange for a share of their fruit. Nor, in such a case, would it be permissible to lease them before their fruit became fit for sale, for that would be purely a sale of the fruit, not a lease of the trees. It would be like leasing one’s land to someone entitled to take whatever Allah causes to grow from it—without anyone doing any work at all—before that growth even exists.

If it is said, “The object sought through the contract here is uncertain, for the trees may yield little fruit or much,”

it is replied: The same applies to leasing land. On this reasoning, the object sought through that contract is likewise uncertain, for the land may produce little or much.

If it is said, “The subject matter of the contract in that case is the ability to cultivate the land, not the crop that actually grows,”

it is replied: The subject matter of the contract here is the ability to produce fruit, not the fruit that actually emerges. It is well known that what is sought in both cases is the crop and the fruit; consideration becomes payable merely upon being enabled to obtain them. Similarly, what is sought by renting a house is residence, although consideration becomes payable upon being enabled to obtain that benefit.

Thus, what is sought by leasing land for cultivation is the tangible produce itself that will be harvested. This differs from leasing it for residence or construction, where what is sought is the usufruct itself, consisting in placing tangible things upon it.

This becomes clear upon reflection, and further examination only makes it clearer.

It is therefore evident that the Prophet’s prohibition (peace and blessings be upon him) against selling fruit before its ripeness becomes evident and selling grain before it hardens does not, Allah willing, include leasing the trees or land to someone who produces their fruit or crops through his own labor and watering. Such leasing falls under his prohibition neither in wording nor in meaning.

This is further clarified by the fact that one who sells the fruit is responsible for completing its watering and tending