What is included in the sale of a village ('Qaryah') when the term is used in a contract?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the term 'village' is used in a sale contract and there is an accompanying indication (qareenah), such as negotiating over its land, mentioning the crops or planting within it, defining its boundaries, or offering a price only suitable for the village and its land, then the sale encompasses the land. This is because the name 'village' can legitimately refer to both the structures and the land, and the indication clarifies the intended scope, equating it to an explicit mention. If no such indication exists, the sale pertains only to the houses and the surrounding fortifications, as 'village' fundamentally signifies the built area where people gather. This ruling holds whether the phrase 'with its rights' (bi huquqiha) is mentioned or omitted.