What is the ruling if a person purchases saplings, plants them on their land, and subsequently goes bankrupt before the saplings mature?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If a person purchases saplings, plants them on their land, and then goes bankrupt while the saplings have not grown further, the purchaser has the right to reclaim the saplings because they can recover their exact property. If the purchaser takes the saplings, they must restore the land to its original state and compensate for any reduction in value caused by uprooting them, as this reduction is a consequence of liberating their property from another's ownership.
Supporting text
If the bankrupt person and creditors offer the value of the saplings so they can legally possess them, the purchaser is not compelled to accept this valuation. This is because if the purchaser chooses to reclaim their property, thereby removing the encumbrance and damage from the creditors, the creditors cannot prevent this, similar to a buyer who plants on land subject to pre-emption (Shuf'a).