Do olive trees in leased agricultural land belong to the tenant or the landowner, whether they existed before the lease or were planted by the tenant?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible to lease land for money. However, scholars have differed regarding the leasing of trees, holding various opinions: some prohibited it absolutely, some permitted it if it was ancillary to the land, and others permitted it absolutely. The preponderant view is that if it is explicitly stated whether the tree is included in or excluded from the lease, then that stipulation is to be acted upon. If the land is leased without any mention of the tree, then the tree is not included in the lease and belongs to its owner. However, if the tenant planted the tree, then it belongs to the tenant and not to the landowner.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/19847
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 19847
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy