What happens if the seller refuses to offer compensation for the improvements when reclaiming the land?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the seller declines to offer the value of the improvements or guarantee compensation for damage upon reclaiming the land, the right of rescission is forfeited. This is the ruling established by Ibn Hamid and one of the two opinions within the Shafi'i school.
Supporting text
It is held by Al-Qadi and another opinion among the Shafi'is that the seller may still reclaim because the original asset is recovered, even if it includes the buyer's investment as an appendage, similar to a seller reclaiming a cloth that the buyer subsequently dyed. However, this latter analogy is refuted by noting that dye becomes an inherent quality, unlike planting and construction which are distinct, primary entities, and land is intended for permanence, unlike cloth.