How does ownership transfer when the underlying asset transfers via non-sale contracts?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Every exchange contract that functions like a sale, such as *ṣadaq* (dower), *khal'* (redemption of dower), stipulation in lease contracts, or reconciliation contracts, follows the ruling that fertilized fruit belongs to the original owner of the asset, and unfertilized fruit belongs to the recipient. However, if the asset transfers without exchange, such as by gift (*hibah*), mortgage (*rahn*), rescission due to defect, bankruptcy of the buyer, a father revoking a gift to his son, mutual cancellation of the sale (*taqāyil*), or if the dower returns to the husband upon the wife's dissolution of marriage, the entire matter follows the original asset, whether fertilized or not, because it is considered directly connected growth (*namā' muttaṣil*), similar to clarified butter (*sumn*).
Supporting text
In cases of gift and mortgage, the ruling follows that of sale: the fruit belongs to the recipient before fertilization, but not after, because ownership was removed from the original owner without rescission. Regarding the seller's repossession due to buyer bankruptcy or the husband's right upon marriage dissolution, these are discussed in their respective chapters.