Does naming the subject of sale as 'this orchard' (hadha al-bustaan) include the trees and buildings?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the contract specifies selling 'this orchard' (al-bustaan), the trees are included because the term 'bustaan' linguistically refers to the land, the trees, and the surrounding walls. Therefore, unplanted land is not termed an orchard.
Supporting text
Ibn Aqil suggests that the building is also included because whatever is included with the trees must be included with the building. However, there is an alternative view suggesting the building might not be included.