Is it permissible for the tenant to demand the price of the trees he planted on land he rented, if the owner of the land wishes to reclaim it?

If someone leases land for cultivation, and the owner wishes to reclaim it, there are two scenarios:

1. If the lease contract is for an unspecified period: This contract is invalid and must be rescinded. The lessee must uproot their trees and level the land, as specifying the duration is a condition for the validity of a lease.

2. If the lease is for a specified period: This lease is valid. If the period has not expired, the owner cannot evict the lessee except with their consent. If the period has expired: The majority of scholars hold that the lessee is obligated to uproot the trees. However, the Hanbalis are of the view that the lessee is not obligated to uproot them unless this was stipulated at the time of the contract. If uprooting the trees was not stipulated: The owner is given a choice between paying the value of the saplings, or uprooting them while compensating for their diminished value, or keeping the saplings for a rental value equivalent to market rates (ujrat al-mithl). If uprooting the trees was stipulated: The lessee is obligated to do so, fulfilling the condition. The owner is not liable for the diminished value of the trees, nor is the lessee obligated to level the holes, unless the trees were uprooted prematurely or handled in a way that caused damage. Uprooting cannot be compelled without compensating for the diminished value. The landowner is given a choice between paying the value of the saplings, or uprooting them and compensating for their diminished value, or keeping the saplings for a rental value equivalent to market rates (ujrat al-mithl). If they agree to sell the saplings to the owner, it is permissible. If the owner of the saplings sells them to someone other than the landowner, it is permissible.

The lessee is not entitled to demand the price of the trees except by mutual agreement with the owner.