Who owns the perennial crops when land is sold?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

When land is sold that contains crops yielding multiple harvests, the roots (usool) belong to the buyer, but the visibly present harvest (juzzah zahirah) at the time of sale belongs to the seller. This applies whether the crop is one that lasts one season, such as chicory (hindaba) and herbs, or longer, such as alfalfa (rutbah). The seller must immediately cut what is due to him because these plants have no definite end point, and delaying removal would lead to growth beyond what was visible, which growth belongs to the buyer as an addition to the roots. This rule also applies if the crop bears fruit repeatedly, such as cucumbers, gourds, watermelons, eggplants, and similar items. The buyer owns the roots, but the fruit visible at the time of sale belongs to the seller because their repeated fruiting resembles trees.