How is ownership determined when different types of fruit exist on the same trees, and only some are fertilized?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If palm trees containing both male (*fahl*) and female palms are sold without any shoots having split open, all the fruit belongs to the buyer, unless the alternative view regarding male palm shoots (belonging to the seller) is adopted. If the shoots of one type have split open while the other has not, the split fruit belongs to the seller, and the unsplit fruit belongs to the buyer, unless one adopts the view that treats all types equally.
Supporting text
If the shoots of some female palms or some male palms have split, what has appeared belongs to the seller, and what has not appeared follows the established difference of opinion regarding splits.