who holds the second grant and is entitled to the use of the land, whether the tenant cultivated it or not. For whatever entails liability upon taking possession under a valid contract likewise entails liability upon taking possession under an invalid contract. Similarly, someone who takes possession of a purchased item under an invalid contract is liable for it. And Allah knows best.

He was asked:

Some soldiers had land which they leased to farmers for a specified amount of produce, a specified sum in dirhams, and siyāfa, allowing them to cultivate it or otherwise benefit from it for a full year. Before the year ended, however, the soldiers wrongfully interfered with the farmers’ sheep and forcibly exacted a sum of dirhams for grazing before the lease expired. Is what the soldiers obtain lawful or unlawful?

He replied:

If their lease contains permissible conditions—for example, if the tenant stipulates that he may benefit from everything on the land, including freely available pasture, crop stubble, and other such things—then this is a binding condition that must be honoured.

The same applies if this is not expressly mentioned in the lease, but the lease is unrestricted and such use is customary. An unrestricted lease is understood to cover the customary use. If that use includes these benefits, then the unrestricted lease includes them. Thus, whatever is covered by the wording of the lease or by established custom belongs to the tenant.