Who bears the responsibility for harvesting a purchased standing crop, green fodder, or fruit still attached to the tree?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The responsibility for harvesting the crop, cutting the green fodder, or cutting the fruit that is attached to its base rests upon the buyer. This is because the transfer of the sold item and the freeing of the seller's ownership to the buyer necessitates the buyer handling the removal, similar to moving purchased foodstuff from the seller's house. This differs from weighing or measuring, which remains the seller's duty as these are part of the necessary delivery costs (*mu'nat al-tasleem*) incumbent upon the seller. Delivery here is accomplished by vacating the land (*takhliyah*) without requiring cutting, evidenced by the permissibility of selling and disposing of the crop while standing. This view is the doctrine of Abu Hanifa and Al-Shafi'i, and no dissent is known regarding this point.