some trees would bear no fruit unless they were watered. If tending a tree had no effect whatsoever, it would not be permissible to entrust it to a worker in return for a share of its fruit. Nor, in such a case, would it be permissible to lease it before its fruit showed signs of ripeness, for that would be purely a sale of the fruit, not a lease of the tree. It would be like leasing one’s land to someone to take whatever Allah causes it to produce without anyone’s labour at all, before that produce exists.

If it is said, “What is sought through this contract is uncertain, since the tree may yield little or much,” the reply is: “The same applies to leasing land. On that reasoning, what is sought through the contract is also uncertain, since the land may produce little or much.”

If it is said, “What is contracted for there is the opportunity to cultivate, not the crops that actually grow,” the reply is: “What is contracted for here is the opportunity to produce fruit, not the fruit that actually emerges.” It is well known that what is sought in both cases is the crops and the fruit. Payment, however, is due merely for the opportunity to obtain them. Likewise, the purpose of renting a house is to live in it, although payment becomes due upon being given the opportunity to do so.

Thus, what is sought in leasing land for cultivation is the actual produce that