What obligations does the seller have regarding the remnants of crops like cotton or maize roots after harvesting?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
When the seller harvests the crop, and roots remain in the ground that harm the land, such as cotton or maize roots, the seller is obligated to remove them. If the harvesting process caused depressions in the ground, the seller must level them, as this constitutes the restoration of their property. This is likened to selling a house containing a large vat that can only be removed by demolishing the door; the one who caused the destruction (the seller removing the vat) is liable for the damage.
Supporting text
Liability for any defect affecting another person's property, caused by an effort to restore one's own property without permission from the owner of the damaged property, rests upon the person causing the defect, unless that defect was a direct and necessary consequence of an action authorized by the owner.