What is the ruling regarding a tree planter who bought land from one person and trees from another, planted them, and then the planter went bankrupt without the trees increasing in size?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

Each party has the right to reclaim the object of their property. The landowner possesses the right to demand the removal of the trees without being liable for any reduction in value caused by the uprooting. This is because the seller originally sold the trees in a state that allowed for their removal, and thus the buyer is entitled to them only in that condition.