What is the ruling when a buyer purchases land containing the seller's standing crop or trees bearing the seller's fruit, while the buyer is ignorant of this fact?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 4 · Bab 4

Open in Qurani

Primary text

If the buyer purchases land containing the seller's standing crop or trees bearing the seller's fruit, and the buyer assumed that the crop and fruit belonged to them, the buyer retains the option to rescind or uphold the sale. This is equivalent to being ignorant of the existence of the growth itself, as the buyer only agreed to exchange their wealth for the land and trees inclusive of what was on them; when the reality differs, the buyer must be granted the option, similar to a buyer of a defective item who believed it to be sound.