Is guaranteeing the future value of additions (construction or planting) made to a sold item valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Guaranteeing the value of constructions or plantings that may be added to the sold item is valid, whether guaranteed by the seller or a third party. If the item is later successfully claimed by a third party, the buyer returns to the guarantor for the value of what was lost or diminished.
Supporting text
Al-Shafi'i ruled this invalid as it is a guarantee of the unknown and a guarantee of something not yet obligatory.