As for rain-fed land, he permits it to be leased only for one year, close to the season when it receives water. Advance payment is not permissible until it has received sufficient water for the crop, or for most of it, with further rainfall expected. He states this in al-Mudawwana. This is what I have established concerning his position. Success is through Allah.

Section
Explaining the position of Ibn al-Qāsim and others in the Book concerning a man who cultivates another man’s land and the ensuing dispute between them

This question falls into two categories:
First: the landowner brings a claim against the cultivator during the planting season.
Second: he brings the claim after the planting season.

In the first category, where the claim is brought during the planting season, the cultivator’s response must take one of four forms:
First: he acknowledges the landowner’s claim that he cultivated it without his permission.
Second: he acknowledges that he did not lease it from him, but claims that he cultivated it with the landowner’s knowledge, while the latter was present and neither intervened nor objected.
Third: he claims that the landowner leased it to him.
Fourth: he claims that the landowner leased it to him and that he cultivated it with the landowner’s knowledge while the latter was present.

In the first case, where he acknowledges that he cultivated it without the landowner’s knowledge, the landowner may reclaim his land and order the cultivator to uproot his crop. The cultivator must then uproot it if it is of any benefit to him. The landowner may not acquire it at its value when uprooted, as he may with a building, because this would involve selling a crop before its soundness becomes apparent. It has also been said that this is permissible, because the crop is on purchased land and the risk passes to the buyer upon conclusion of the contract, thereby removing the uncertainty involved. This was the view adopted by Abū Ishāq al-Tūnisī. If, however, there is no