Who owns the fruit of a date palm tree when the blossom has split (i.e., the fruit is apparent) at the time of sale without stipulation?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
When a date palm tree with apparent fruit (mu'abbara, meaning the blossom has split) is sold, the fruit belongs to the seller and remains on the tree until harvest, unless the buyer stipulates ownership of the fruit. This ruling is supported by the statement of the Prophet, peace be upon him: "Whoever buys a date palm after it has been pollinated (or after the fruit has appeared), its fruit belongs to the one who sold it, unless the buyer stipulates it." This hadith is agreed upon (Muttafaqun 'alayh). This explicitly rejects the view of Ibn Abi Layla and serves as an argument against Abu Hanifa and Al-Awza'i by establishing the appearance of the fruit (ta'bir) as the boundary for the seller's ownership of the fruit. The fruit before this stage belongs to the buyer.
Supporting text
Malik, Al-Layth, and Al-Shafi'i hold that if the fruit is apparent (mu'abbara), it belongs to the seller, but if it is not apparent (non-mu'abbara), it belongs to the buyer. Ibn Abi Layla holds that the fruit belongs to the buyer in both cases because it is attached to the origin by nature, following the trunk like branches. Abu Hanifa and Al-Awza'i hold that the fruit belongs to the seller in both cases, treating it as produce with a defined end, thus not following the original item in sale, similar to crops planted in the ground.