Whose responsibility is the loss if the fruit reaches the time of harvesting but the buyer fails to pick it?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the fruit reaches the season for picking but the buyer fails to pick it until it is destroyed, the loss falls upon the buyer because it is due to his negligence (tafrit) in failing to remove the fruit when able. If the fruit is purchased before ripening on the condition of cutting, and the buyer could cut it but did not, and it perished, it is his responsibility. However, if it perished before it was possible to cut it, it remains the responsibility of the seller, similar to the previous rulings on calamity.
Supporting text
If the fruit reaches the time of picking and is not picked, the ruling is that no abatement of price is due to the buyer because he was negligent by leaving the fruit when he had the ability to take possession.