Is it Islamically permissible to lease land containing fruit trees, where the lessee pays a predetermined sum to the landowner in exchange for tending the trees and having the right to the fruits at the end of the season, knowing that selling fruits before their صلاح (ripeness/wholesomeness) appears is prohibited because it is considered a gharar (uncertain/risky) sale?
Scholars have differed concerning the ruling on leasing land cultivated with trees. Some have absolutely prohibited it, while others have permitted it on condition that there are few trees, and still others have permitted it even if there are many trees. Some scholars have gone so far as to permit leasing both the land and the trees, with the trees being secondary to the land, even if the trees are more numerous. Sheikh al-Islam Ibn Taymiyyah favored the permissibility of this, citing the practice of the Companions and the Muslims after them as evidence.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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