Renting out an orchard

Question

Question: May a person give an orchard within which its land can be cultivated — that land, before the fruit appears, ten bighas of land (bigha — a local unit of land area) at the rate of one hundred rupees per bigha — for one year or not? And an orchard within which cultivation is not possible — may he give that orchard before the fruit appears according to the said rule or not? May he give both before the fruit appears or not? May he give one orchard — or which one may he give?

Answer

Taking and giving land on lease for a fixed rent for a fixed term of one year is proper in the Shari‘a, whether it is fit for cultivation or not. Taking and giving an orchard (the trees) on rent is not proper.

Source: Fatawa Mahmudiyya

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