Is growing crop or apparent fruit sold with the land subject to preemption?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

Growing crops or apparent fruit sold with the land are not subject to preemption along with the original property. This is the opinion of Al-Shafi'i. The rationale is that what is not transferred as an accessory in the sale is not subject to preemption, analogous to the fabric of a house. If a tree is sold with its fruit that is not yet apparent, such as unpollinated blossom, it enters into preemption because it follows the main item in the sale, thus resembling planting in the land.

Supporting text

Abu Hanifa and Malik hold that such items are subject to preemption along with the principal property because they are connected to what is subject to preemption, thereby following it like construction and planting.