Who owns mulberry leaves intended for silkworm rearing upon sale of the tree?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The ownership of mulberry leaves intended for raising silkworms hinges upon their state at the time of the sale transaction. If the leaves have opened up ('tafattaḥa'), they belong to the seller. If they have not opened, they belong to the buyer, which is analogous to the structure ('al-janbadh') that opens to reveal its light, such as the bloom or other elements.
Supporting text
If the custom in the locality is not to take the leaves, then they belong to the buyer, similar to the ruling for all other tree leaves.