Who owns stones or bricks naturally existing or built into the land upon the sale of the land?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Stones naturally present in the earth or built into it, such as the foundations of ruined walls, belong to the buyer upon the sale of the land because they are considered parts of the land, similar to its soil, its existing minerals, and fired bricks (*ajur*). If the buyer was aware of these items, they have no option to void the sale.
Supporting text
If the stones or bricks were placed there solely for the purpose of later removal, they belong to the seller, similar to hidden treasure. The seller is obligated to remove them, level the ground afterward, and repair any resulting holes, as this removal pertains to repairing their former property. However, if removing them would damage the land or take a significant time, and the buyer was unaware, the buyer retains the option to rescind the sale or take compensation for the defect, as in other sales.