Is the original seller entitled to reclaim the land if the buyer defaults after improving it with construction and planting?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the bankrupt buyer and the creditors agree to remove the planting and construction, they are permitted to do so. Upon removal, the seller may reclaim the land because their property is recovered in its original form. Scholars of our school, aligning with the view of Al-Shafi'i, maintain that the right of rescission (ruju') can be claimed even before the removal. If the rescission is permitted before removal, the creditors are obligated to level the ground from any excavation and compensate for the resulting reduction in land value, as this damage resulted from efforts to secure the bankrupt's asset. This liability rests upon them, analogous to when a person's calf enters another's house and grows large, requiring the demolition of the door for removal; the owner of the door bears the resulting damage.
Supporting text
It is also held that the seller's right to reclaim does not materialize until the planting and construction are actually removed, because prior to removal, the seller's property is found mixed with the buyer's ownership interest. Furthermore, if the bankrupt and creditors refuse removal, they are permitted to keep the improvements, as the planting was established under a right, supported by the implication of the Prophet's saying, "The root of the unjust has no right."