Letting land for rent

Question

Question: Zayd gives his four bighas (a local unit of land area) of land for one thousand rupees for two years for cultivation on two conditions: first, “I will give two hundred rupees as annual rent” (it will be rent); second, that after two years, on its being vacated, he will take it back, “and I will return the remaining sum, i.e. one thousand six hundred rupees, after deducting the rent for two years.” Is this arrangement permissible or not?

Answer

If the rent of this land really is two hundred rupees, then taking the land on lease with the rent being taken in advance is correct. However, the transaction should not be made for two years only; rather, it should be made for five years. Then, when two years have passed, if both parties wish, they may cancel the lease (ijara)

Source: Fatawa Mahmudiyya

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