Giving Land for Cultivation for a Fixed Quantity of Grain Is Correct

Question

Question: Among us, land is given “on phol” (فول — a land lease for a fixed quantity of grain), that is, a written undertaking is taken from the cultivator and he is permitted to cultivate one’s land. Several arrangements are recorded in this undertaking: (1) Permission to cultivate the land is given in return for cash. (2) Before the harvest it is settled that, whatever the crop may be, a fixed quantity, for example ten maunds (a unit of weight, ≈ 37 kg)

Answer

(1) This arrangement is permissible. (2) This arrangement is not permissible. However, if the contract is made thus: “This land is given to you; cultivate in it whatever you wish, and in return give us ten maunds of such-and-such grain,” then it is permissible.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.