But some of his followers misunderstood his position and failed to distinguish between land that receives water most of the time and land that receives it only rarely, such as land watered outside the usual seasons.
Once such land has been validly leased, the rent becomes payable if all of it is irrigated and the customary crops can be grown. If none of it is irrigated, the lessee owes no rent. If only part of it is irrigated, rent is payable in proportion to the irrigated area. Whoever holds the lessee bound by the lease and demands rent when the land has not been irrigated has contravened the consensus of the Muslims.
Accordingly, there is neither any need nor any benefit in saying, “I have leased it to you as a resting place at midday and at night.” This wording was used only by those who thought that land could not be leased before it was irrigated. Their practice of leasing it as a resting place at midday and at night is invalid by the consensus of the Muslims, for two reasons:
First: This land is unsuitable as a resting place at midday and at night. Livestock rest at night and at midday only on land where they would ordinarily stay, such as land near their grazing grounds and drinking water. Land with no water, crops or habitation is unsuitable for such use. Leasing a property for a benefit it cannot provide is invalid.
Second: Even if this benefit is available, it has no monetary value in