This is Permissible in the Shari'ah
Question :
A landowner has allocated a plot of land for me to farm on; he has allowed me to use his land for free, and according to our agreement, he will not take any share of the crops I grow. He has, however, taken a deposit from me, which he is supposed to return when he again takes possession of the plot. Is this agreement allowed according to the Shari'ah?
Answer:
Yes, this type of agreement is allowed in the Shari'ah, and the landowner has been kind in doing this favor for you.
There is no harm in him taking a deposit from you and then returning it to you when you return possession of the land, at least according to the preferred view, since the landowner is able to protect himself in this way. But as for me, I feel that he doesn't need to take the deposit from you, as it is sufficient to make out an attested document, wherein is clearly stated that the landowner has allowed you to use his land for a set period -one year, two years, according to your agreement. He doesn't need to take the deposit, but if he does, there is no harm.
Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 8 Page 391
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