Giving mosque land for cultivation

Question

Question: A mosque has some land, and it is put up for auction: whoever will give more grain is given that land. On this land there is also a pond in which rainwater collects, and this land is irrigated from it. The following conditions also apply: (1) When the pond fills completely and the neighbouring field has been sown, the cultivator will have to give the grain in full. (2) If there is a drought, his due for the sowing is remitted. (3)

Answer

If by “more grain” is meant, for example, 3/2 or 5/2 (?) and so on, with specification, then this bidding and transaction are proper according to the Sharia, and the produce will be divided according to what was agreed. If by “more grain” is meant the fixing of a definite quantity of grain, for example ten maunds (a unit of weight, ≈ 37 kg)

Source: Fatawa Mahmudiyya

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