Is it permissible to lease date palms for a known percentage of the fruit?
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The questioner : ... leasing the date palms for a known percentage ... .
The Shaykh : Of the fruit, meaning?
The questioner : Yes.
The Shaykh : If that is the case, it becomes musaqah, not a lease.
The questioner : A verbal difference.
The Shaykh : Yes, a verbal difference, yes, a verbal difference, except according to the opinion of those who hold that a lease is a binding contract and musaqah is a permissible contract.
The Shaykh : Of the fruit, meaning?
The questioner : Yes.
The Shaykh : If that is the case, it becomes musaqah, not a lease.
The questioner : A verbal difference.
The Shaykh : Yes, a verbal difference, yes, a verbal difference, except according to the opinion of those who hold that a lease is a binding contract and musaqah is a permissible contract.