Ownership of fallen parts of a mortgaged palm tree.

Primary text

Any fronds (leef), spathes (sa'af), or date stalks (arajin) that fall from the mortgaged palm tree are considered part of the mortgage (Rahn). This is because they are either integral parts of the original object or constitute its growth/produce. This view is held firmly, countering the position of some Shafi'i scholars who exclude growth from the Rahn, as the spathe is considered part of the object upon which the mortgage contract was concluded, analogous to the foundations of a building.