What happens to the increase in the fruit's value if the sale of pre-soundness fruit is deemed void?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the sale is voided, the entire fruit belongs to the seller, following the original principle, similar to all attached growth of sold items returned due to voidance or annulment. One opinion states that both the seller and buyer give charity from the increase in value due to the dispute over entitlement. Another opinion states that the seller and buyer become partners in the increase.
Supporting text
Al-Qadi considers giving charity to be recommended due to the difference of opinion regarding the rightful owner. The preferred view is that the increase belongs to the seller as the owner of the original item. Another view suggests the seller takes back his principal capital and gives the rest in charity. The increase is defined as the difference between its value at the time of purchase and its value on the day it is taken, although it is suggested that it should be the difference between its value before soundness appeared and its value after.