What is the ruling if a buyer purchases fruit already on the tree, and new fruit appears afterwards?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the new fruit is distinguishable from the purchased fruit, each party owns their respective fruit. If they are mixed, they become partners based on the proportion of their respective fruit. If the exact measure is unknown, reconciliation is required, and the contract remains valid because the prohibited act of circumventing regulations was not committed, unlike the case where the fruit was bought prematurely.
Supporting text
Abu al-Khattab suggests that in all such mixing cases, there are two narrations: one stating the contract is void, and another stating it is valid. Al-Qadi posits that if the new fruit belongs to the seller, a request can be made for the buyer to forfeit their share to the seller in exchange for the seller forfeiting their share of the new fruit. If one agrees and the other does not, the agreeing party is compelled to accept the resolution to settle disputes. If both refuse, the contract is annulled due to the impossibility of each party obtaining their due share. However, if the buyer purchased the fruit and new fruit appeared, the buyer is not ordered to relinquish their entire purchase. Instead, the seller is asked to relinquish their share of the new fruit; if the seller agrees, the buyer is compelled to accept, otherwise, the sale is annulled. This latter view aligns with the position of Al-Shafi'i.