and adjudication as are permissible, although a ruler must be upright whenever this is possible without causing a greater harm. The same applies to prayer leaders when it is only possible to pray behind a sinful person.

Thus, if land can only be handed over to a sinful person, and entrusting him with it would lead to harm, it becomes necessary to lease it to him. This is one ground for permitting leasing. Moreover, there may be no one available to take it under a sharing arrangement, such as fruit-sharing or crop-sharing. Unless it is leased out, it will lie unused and its owners will suffer harm, even if they are poor. The only harm involved here is the possibility that the fruit yield may fall below its usual level, leaving an element of risk.

This degree of risk can be offset by providing the lessee with compensation. Likewise, in a lawful lease, if the benefit is lost, the corresponding rent is no longer due. The same applies, according to the correct view, if the benefit is diminished: the rent is reduced in proportion to that diminution. It is established in the Sahīh that the Prophet (may Allah bless him and grant him peace) ordered that payment be remitted for produce struck by calamities, and said:

“If you sell something to your brother and it is struck by a calamity, it is not lawful for you to take any of your brother’s money. On what grounds would any of you take his brother’s money without right?”

This is the position of Mālik, Ahmad and others. This is because, although the fruit has been taken into possession, possession is not yet complete in a way that enables its recipient to harvest it. Similarly, when a lessee takes possession of the leased property, this does not constitute the complete possession that enables him to obtain its entire benefit. Thus, if the benefit is lost before