What happens if the purchaser refuses to uproot the saplings?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the purchaser refuses to uproot the saplings, and the bankrupt person or creditors offer the value for the purchaser to relinquish ownership, or if they wish to uproot the saplings and guarantee compensation for the damage, they are permitted to do so. They are also permitted to uproot them without guaranteeing compensation for the damage, because the bankrupt person only purchased the saplings assuming they would be uprooted, so they are not obligated to keep them on their land.
Supporting text
It is held by one opinion that the creditors may not uproot the saplings without guaranteeing compensation for the damage, as the planting was done lawfully, resembling a bankrupt person planting on land whose original seller later reclaims it. The distinction is clear: retaining the saplings in this scenario is an obligation upon the creditors, thus not required by the purchaser's action; whereas in the prior scenario, retaining them is a right belonging to the purchaser, established by planting on their own property.