is harvested. This differs from leasing it for residence or construction, where the purpose is the use itself, by placing things upon the land. This becomes clear upon reflection, and further examination only makes it clearer. Thus it becomes evident that what the Prophet (peace and blessings of Allah be upon him) prohibited—selling fruit before it shows signs of ripeness and selling grain before it hardens—is not, Allah willing, leasing trees or land to someone whose labour and watering produce their fruit or crops. Such leasing falls under neither the wording nor the meaning of his prohibition.

This is further clarified by the following: the seller of the fruit must continue watering and tending the trees until the buyer is able to harvest it, just as the seller of crops must continue watering them until the buyer is able to reap them. This is part of fulfilling the obligation to deliver what has been sold, and the costs of doing so fall upon the seller, as do the costs of measuring and weighing. By contrast, someone who leases trees to a person who tends them until they bear fruit is like someone who leases land to a person who cultivates it until it produces crops. The lessor is not required to perform any work at all; he is required only to enable the lessee to carry out the work through which the fruit and crops are produced.

It may, however, be objected: “Consistent application of this reasoning would permit leasing animals to someone who feeds and waters them and milks them.”

The reply is that if, according to one of the two reported opinions, we permit livestock to be entrusted to someone who