three views. If he provides additional goods, they may be delivered immediately or on a deferred basis, because the lessee has sold the riding entitlement acquired through his payment, whether immediate or deferred, in return for the rent he recovers; this is permissible.
If, however, the additional payment comes from the lessor and the rent is deferred, an immediate additional payment is permissible, whether in dinars, dirhams, or goods, according to the view that the discharge of obligations differs from their creation. A deferred additional payment is impermissible in all cases, because it involves replacing one debt with another. Likewise, if the rent is payable immediately but has not been paid, or has been paid but the recipient has not gone away with it, the additional payment may be made immediately, whatever it consists of, but may not be deferred.
If, however, the additional payment comes from the lessee after the rent has been received and taken away, then, according to the view that a lease is treated, for purposes of rescission, like an outstanding forward-sale obligation, this is impermissible whatever the additional payment consists of, even if part of the lease term has elapsed. This differs from hiring an animal where enough of the journey has been completed to dispel suspicion. According to the view that a lease is treated like specifically identified goods, it is permissible if the additional payment is immediate, but not if it is deferred.
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Rescinding a land lease is governed by the same rules as rescinding a house lease, except where the land’s irrigation is uncertain. If the parties rescind such a lease with an additional payment from the lessor, in a case where rescission with an additional payment from him is otherwise valid, that payment may not be made immediately. It must be held pending, whether it consists of money or goods, unless the land’s irrigation is assured. This is because, through rescission, the lessor assumes the position of a lessee. If the land receives insufficient water, the original lease is dissolved and the additional payment is invalid.
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The cases of rescission in leases thus amount to exactly sixty, with no further cases beyond them: twenty-four involving guaranteed leases and thirty-six involving leases of specified property, as demonstrated by the classification we have set out and the concise, precise account we have given. Success is through Allah alone.