He—may Allah have mercy on him—was asked:

A man holds a qīrāt share in some land and leases it to someone for 160 irdabbs—80 irdabbs less than others charge—before irrigation has reached it. Is the lease valid before irrigation reaches the land? May he demand its rental value?

He replied:

If these lands are ordinarily irrigated, leasing them before they have been irrigated is valid according to the jurists generally. The disagreement is confined to the school of al-Shāfi'ī, whose apparent position permits leasing such land, as do the other imams. The unqualified wording concerning the contract found in some of his books has been explained by the leading scholars of his school—may Allah be pleased with them.

Land in Egypt has always been leased before irrigation reached it, throughout the times of the early generations and the imams. None of them objected on account of the delay in irrigation.

If he demands an increase, he is entitled only to the stipulated rent. If, however, he was deceived, that is another matter, which the questioner should clarify so that it can be answered.