What are the buyer's rights regarding stones or bricks placed in the land for future removal, considering the ease of removal?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the removal of the stones or bricks causes no damage and can be accomplished quickly, within three days or less, the buyer has no option to void the sale. The buyer is entitled to demand the seller remove them immediately because there is no customary allowance for their remaining in place, unlike crops. If the buyer knew of this situation beforehand, they have no option and forfeit any claim for rent during the removal period, as they accepted the condition by agreement, akin to purchasing land with existing crops.
Supporting text
If the buyer was unaware and chooses to keep the property, there is a divergence of scholarly opinion on whether the buyer is due compensation for the use of the land during the removal time. One view states they are due compensation as benefits are guaranteed against the detractor. The other view states no compensation is due because by agreeing to keep the property, the buyer implicitly accepted the loss of benefit during the removal period. Furthermore, if the seller offers to leave the items if their presence causes no harm and their removal is not time-sensitive, the buyer has no option to rescind, as the harm is removed.