Is ownership ruled for a claimant regarding fruit if testimony states it is the fruit of his tree?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a man claims ownership of fruit, and witnesses testify that it is the fruit of his tree, ownership is not granted based on this testimony alone. This is because the fruit might have developed before he acquired the tree. However, if the testimony confirms that the fruit ripened while the tree was within his possession, ownership is established, as the fruit is considered a product (*nama'*) of his property.