What is the ruling regarding separable increment (growth/nema') on an item sold when a pre-emptive right holder exercises their right?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the increment is separated (munfasil), such as yield (ghalla), rent (ujra), pollinated date flowers (at-tala' al-mu'abbar), or apparent fruit, it belongs exclusively to the buyer because it occurred during their ownership. The pre-emptive holder has no claim over it. This yield remains with the buyer, even in date palms, until harvest.
Supporting text
The pre-emptive holder's acquisition from the buyer is considered a second purchase, taking the ruling of a voluntary purchase. If the buyer purchased an item with unpollinated date flowers, then pollinated them, and the pre-emptive holder subsequently takes the item, the pre-emptive holder acquires only the original item, not the fruit. Similarly, if the sold item was a share (shaqs) and a sword, the pre-emptive holder acquires the land and date palms according to their share of the price.