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

A man leased land as a resting place at midday and at night, and also for cultivation if possible, intending to make the customary use that someone in his position would make of such land. Water subsequently reached part of the land but not the rest. Is the lease valid on these terms? Must the lessee pay the full charge for the land despite not benefiting from part of it? Is the lessee’s word to be accepted concerning the benefit he has obtained?

Also, a man leases land, a house, a shop or some other property from the administrator of an endowment or the guardian of an orphan. A more advantageous offer, involving a higher payment, subsequently becomes available for the orphan or the endowment. May the administrator or guardian annul the lease and accept the higher offer?

He replied:

Leasing land suitable for cultivation is permissible, whether irrigation has already reached it or not, provided that it is land which irrigation customarily reaches. Likewise, land that customarily receives water may be leased before rain falls upon it.

This is the position of the leading Muslim scholars, such as Mālik, Abū Hanīfah and Imam Ahmad. It is also al-Shāfiʿī’s position, according to the correct view within his school.