The ruling on leasing an orchard, its land and its trees, to a farmer for an annual fee

Question : But if the farmer leases this orchard. And may Allah bless you all, he leases this orchard for ten thousand every year, and the owner of the orchard will not touch its fruit at all, rather it is a lease. So is it valid or not?

Answer : There is a disagreement among the scholars on this. Some said it is not valid because, regarding the fruit, it is a sale of the fruit before its ripeness begins, or even before it appears. And regarding the crops, it is likewise a sale before the grain passes through its stages and before it appears. So it is not valid. And some said it would be a musaqah (sharing of fruit) for the fruit and a fee for the land. Meaning, there is no harm in leasing the land for the crops planted in it. But as for the palm trees, no, it must be a musaqah. So they said it is necessary to make a musaqah for the palm trees and lease the land. I don't know, explain it to me or don't explain it to me, it is clear. For example, I have an orchard with palm trees in it, and there is a place in it without palm trees where crops are planted. If I make a musaqah with the farmer for the palm trees and say, "You get a third of the palm fruit," and as for the open land, I lease it to you for ten thousand every year, this is valid. Why? Because musaqah based on partnership is permissible, and leasing the land for planting is permissible. But what is the problem? The problem is if you lease this entire orchard, its palm trees and its open land, for ten thousand. Is it permissible or not?
The school of thought says it is not permissible. The school of thought says it is not permissible. Rather, the contract must be for the palm trees as a musaqah, and for the land as a lease or a share-cropping arrangement. There is no problem with that.
And the Shaykh al-Islam (may Allah have mercy on him) chose that it is permissible, meaning that leasing the entire orchard, its palm trees and its land, is permissible. He says, "Take this orchard; I have leased it to you for ten thousand riyals every year. Give me ten thousand riyals and the fruit is yours." And he cited as evidence that the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), guaranteed the garden of Usayd ibn Hudayr, which had a debt on it. Some people guaranteed it on the condition that he would pay a certain amount of dirhams now, and the garden would be his for ten years, for example, or five years. He said, "And 'Umar (may Allah be pleased with him) has a year that is followed." And there is a benefit in it. And now, the owners of lands and palm trees are dealing in this manner.
Otherwise, previously, they could not deal in this manner except with a musaqah for the fruit and a lease for the land, or a share-cropping arrangement. But the correct view is what the Shaykh (may Allah have mercy on him) held, and there is a benefit for both parties. As for the owner of the land, he says, "I take the money without dispute and without monitoring the farmer: what he took from the land, what he did not take from the crops, what he took from the fruit, and what he did not take." And the farmer is also reassured; he takes from the fruit whatever he wants, gives in charity whatever he wants, and gifts to whom he wants, and he has no partner in that. Because the owner of the land, what did he do? He took the agreed amount. Yes, indeed.