Who owns the fruit if the roots are sold after they begin bearing, but the buyer does not stipulate possession of the fruit?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 4

Open in Qurani

Primary text

If the existing fruit is sold along with the roots, the apparent fruit belongs to the seller, remaining for him until it reaches maturity, unless the buyer stipulates it. If a subsequent crop of fruit appears, it belongs to the buyer. If this new fruit mixes with the seller's fruit and cannot be distinguished, the ruling follows the mixture of fruit from a tree with other fruit, according to the previously established rule.