What is the ruling when a bare palm tree or tree is sold, and it subsequently fruits, categorized into four sub-cases regarding the buyer's bankruptcy?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The first sub-case is bankruptcy occurring before pollination. The flower buds are considered an attached increase that prevents revocation, according to the position held by Al-Khiraqi, similar to clarified butter (samin) and capers (kabar). A second view suggests revocation regarding the palms but not the buds, as the buds can be separated and sold independently, making them like pollinated fruit, unlike clarified butter and capers. This is the position of Ibn Hamid. According to a narration of Al-Maymuni, revocation is permitted, and the buds belong to the seller, analogous to revocation due to defect. This aligns with one opinion of Al-Shafi'i.
Supporting text
A second opinion states that the seller reverts the principal asset only, excluding the buds, consistent with their view on revocation for defect and exercising the right of preemption (shuf'ah).