Is the fruit owner compelled to cut the fruit if significant damage is feared for the rootstock?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

If significant damage is feared for the rootstock, such as desiccation or reduction of its yield, there are differing views. One view holds that the owner is still not compelled to cut the fruit for this reason. The second view dictates that the owner must cut the fruit because harm will befall the rootstock even if the fruit is not removed, and cutting the fruit ensures the preservation of the rootstock, making cutting the preferable action.

Supporting text

The position of Al-Shafi'i mirrors these two views, allowing for two distinct opinions regarding the compulsion to cut the fruit when significant harm is feared.