Who owns seedlings that sprout after purchased standing crop material (like cut fodder) is harvested and left on the land?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

The ownership of plants that sprout anew after the buyer has cut the purchased standing crop (like barley fodder) and left the roots belongs to the landowner. This is because the buyer, by cutting the material, relinquished the original entity (*al-asl*) pertaining to the land, thereby forfeiting his right to what grows from it. This is analogous to the owner of a crop forfeiting rights to spilled seeds that sprout later, which anyone is permitted to collect. Similarly, if seeds fall from a crop and sprout the following year, the resulting growth belongs to the landowner. Ahmad affirmed these two rulings.