Can the seller claim the improvements by paying their value or by agreeing to removal with compensation for damage, thereby reclaiming the entire land?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the seller offers the value of the planting and construction to acquire everything, or if the seller agrees to remove the improvements while compensating for any damage, this option is permissible under the view that allows reclamation before removal. This is because the construction and planting were established on the seller's property by another with a right, allowing the seller to either take the improvements by value or remove them while guaranteeing compensation for resulting damage, similar to a pre-emptor (Shafi') who takes land containing a buyer's improvements.
Supporting text
If the prevailing view holds that the seller cannot reclaim before removal, then the seller cannot compel the buyer or creditors to sell the improvements to them, as the construction rests on the seller's land, much like if the seller had not sought rescission at all.