What is the ruling regarding the right of rescission when property used to improve land results in a crop, and the buyer subsequently becomes bankrupt?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If a person leases land and purchases seeds ('bithr') and water, then plants, waters, and harvests the crop, but then goes bankrupt, the landlord, the seller of the seed, and the seller of the water have no right of rescission ('rujoo''). This is because none of them can find the original physical substance of their property (i.e., the land, the seed, or the water are incorporated into the crop, which is now subject to the bankruptcy proceedings).
Supporting text
According to the opinion that allows the seller of the seed/water to claim the crop (i.e., the right of rescission does not lapse), the bankrupt buyer would owe compensation for the rent of the land and the price of the water, or their respective values.