Section
When Land May Be Leased and When Rent May or Must Be Paid

Know that land falls into three categories: Nile-fed land, rain-fed land, and land irrigated by rivers, springs, and wells.

Section
The rulings concerning these lands are discussed under three headings:
First: the permissibility of entering into a lease.
Second: the permissibility of immediate payment of rent.
Third: the obligation to pay rent immediately.

As for entering into a lease, according to Ibn al-Qāsim’s position in al-Mudawwana, this is permissible for all these categories without distinction, for many years, whether their water supply is assured or not.

Regarding the permissibility of immediate payment, he divides them into two categories: those whose water supply is assured and those whose supply is not. For land with an assured supply—such as Nile-fed land, reliably rain-fed land, and land irrigated by rivers, perennial springs, or wells with abundant water—rent may be paid in advance for many years. Where the water supply is not assured, payment is not permissible until the land has been sufficiently watered and can be ploughed, whether it is Nile-fed, rain-fed, or irrigated by springs and wells.

Regarding the obligation to pay immediately, these lands fall into two categories: first, Nile-fed land; and second, irrigated and rain-fed land. As for Nile-fed land, he holds that payment becomes obligatory once it has been sufficiently watered, because it will require no further irrigation. Once it has been watered, the lessee is thus deemed to have taken possession of what he leased. As for irrigated and rain-fed land, the lessee is not obliged to pay the rent until the crop has fully developed and no longer needs water. The same applies if the land is cultivated