One form of bayʿ al-wafaʾ

Question

Question: Zayd said to Bakr, “Take an area of two bighas (a local unit of land area) of land in pledge for one thousand seven hundred rupees.” Bakr replied, “I cannot take land in pledge into my possession in this manner, contrary to the Shariʿa. If you wish, take from me one thousand five hundred rupees for seventy-five years as land rent and give your two bighas of land into my possession, and keep deducting the rent for the two bighas at the rate of twenty rupees a year from the amount paid.

Answer

The substance of this contract is that the landowner Zayd has given his land to Bakr on rent, and, having fixed the said amount as rent, received it in advance; along with the total amount, the rent for each year was also stated.

Source: Fatawa Mahmudiyya

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