Can the borrower purchase the land outright by offering its value?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
The borrower cannot claim ownership of the land by offering its value because the planting is ancillary (tabi') and the land is the principal (asl). Therefore, the planting follows the land in a sale, but the land does not follow the planting. This view is held by Al-Shafi'i. Abu Hanifa and Malik hold that the borrower must remove the items without liability, unless the loan was for a known period and the lender revoked before it expired, in which case removal is mandatory, similar to a stipulated condition.
Supporting text
The argument that the lender did not deceive the borrower is rebutted because planting and building are intended for permanence, and defining a period refers to its start date, implying a prohibition after that period. If the lender refuses to pay the compensation or the reduction in value from removal, and the borrower refuses to remove the items or pay rent, the items remain, as the loan implies use without compensation, and permission for permanent use resulting in harm upon removal implies consent to permanent retention. The Hadith stating 'The unjust plant has no right' (La yasihhu li-'araqin zalimin haqq) implies that a non-unjust plant does have a right by way of implication (mafhūm).