land, by scholarly consensus. When some scholars observed this consensus, they assumed that the scholars also agreed that the stipulated rent should not be reduced in proportion to the diminution in benefit. They failed to distinguish between the benefit, for which the lessor remains liable until the lease expires, and the crops themselves, for which he bears no liability.

The scholars agree that if the benefit to which the tenant is contractually entitled diminishes, he has the right to rescind the lease. This applies, for example, when someone leases a mill, bathhouse, or orchard with a known water supply, and that supply falls substantially below its customary level. This differs from a calamity affecting fruit sold on the tree, concerning which there is a well-known disagreement. If someone purchases fruit before its ripeness becomes apparent and a calamity strikes it, the seller bears the loss according to the schools of Mālik and Ahmad.

This is also the position of al-Shāfiʿī, which he made conditional upon the authenticity of the report. The report is indeed authentically recorded in Sahīh Muslim, from the Prophet, may Allah bless him and grant him peace, who said:

“If you sell fruit to your brother and a calamity strikes it, 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?”

Mālik stipulated that the loss must be substantial, exceeding one-third. This is also one opinion reported from Ahmad. The apparent position of Ahmad’s school, however, is that the price is reduced for losses both small and large.

The issue does not arise according to Abū Hanīfah’s position, since he does not distinguish between the period before ripeness becomes apparent and the period after it. Rather, he requires immediate picking under the contract in all cases. If the buyer stipulates that the fruit be left on the tree, the transaction is not permissible, even after its ripeness has become apparent. The other three distinguish between the period before ripeness becomes apparent and the period