The Difference Between Leasing Land and Musaqah, and the Ruling on Abandoning Revived Land
Machine translationRead the Arabic original
The questioner:
Defining the scope of management. Management, is it not
The Shaykh:
How is the lease?
The questioner:
Now, you lease the land for a specific period in the year.
The Shaykh:
Meaning, it is not called musaqah or muzana.
The questioner:
Trade. Trade. Trade.
The Shaykh:
A lease is not musaqah. In a lease, you rent it and deal with it as you wish, paying the rent whether you plant in it or not. You pay the rent every year as a lessee, just like a car. If you rent it for a month and do nothing with it, leaving it in your house, you are still obligated to pay the rent because you are the one who neglected it; you are the one who did not use it, so you are negligent. As for the owner, you have detained it from him, so you are obligated to pay the rent even if you did not use it. Likewise, if you lease land and do not plant in it, you are the one who neglected it, and you have detained it from its owner. Who else would give it to?
The questioner:
Any planting of obstacles.
The Shaykh:
Even if he loses, he complains to Allah.
The questioner:
Thank you.
The Shaykh:
No, the owner of the rent has no obligation on him. He is only entitled to the rent, whether you plant in it or not, whether you get a yield or not, because he leased it to you and prevented others from it. You are detaining it. Yes, that is correct.
The questioner:
We will do it. Sometimes it is four years.
The Shaykh:
He owns it. If he revives it, he owns it, and even if he abandons it, it is his property, because he owned it through reviving it.
Defining the scope of management. Management, is it not
The Shaykh:
How is the lease?
The questioner:
Now, you lease the land for a specific period in the year.
The Shaykh:
Meaning, it is not called musaqah or muzana.
The questioner:
Trade. Trade. Trade.
The Shaykh:
A lease is not musaqah. In a lease, you rent it and deal with it as you wish, paying the rent whether you plant in it or not. You pay the rent every year as a lessee, just like a car. If you rent it for a month and do nothing with it, leaving it in your house, you are still obligated to pay the rent because you are the one who neglected it; you are the one who did not use it, so you are negligent. As for the owner, you have detained it from him, so you are obligated to pay the rent even if you did not use it. Likewise, if you lease land and do not plant in it, you are the one who neglected it, and you have detained it from its owner. Who else would give it to?
The questioner:
Any planting of obstacles.
The Shaykh:
Even if he loses, he complains to Allah.
The questioner:
Thank you.
The Shaykh:
No, the owner of the rent has no obligation on him. He is only entitled to the rent, whether you plant in it or not, whether you get a yield or not, because he leased it to you and prevented others from it. You are detaining it. Yes, that is correct.
The questioner:
We will do it. Sometimes it is four years.
The Shaykh:
He owns it. If he revives it, he owns it, and even if he abandons it, it is his property, because he owned it through reviving it.
Source
قناة «العلامة الدكتور صالح الفوزان»، 26 من 89|شرح العدة في شرح العمدة|البيوع|باب المساقاة والمزارعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:01:27)
The Arabic text is a machine transcription of the audio recording.
