What is the ruling when a buyer purchases a tree with existing fruit, and new fruit subsequently appears?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the existing fruit and the newly grown fruit are distinguishable, each party retains ownership of their respective fruit. If they are indistinguishable, both parties become partners in the entire fruit, each owning a share proportionate to their original fruit. If the exact measure of each cannot be determined, a settlement must be reached between the parties. The contract is not voided because the object of sale (the fruit) did not become impossible to deliver; it merely became mixed with other fruit. This situation is analogous to purchasing grain that subsequently mixes with the seller's grain, or vice versa, where the amounts are unknown.
Supporting text
If the fruit was purchased before the ripening stage (bado' salaha), or if a transaction (Urayyah) was made and the fruit was left until it ripened or produced new fruit, then one narration suggests the contract is voided. This is due to the mixing resulting from violating a prohibition and potentially being a stratagem to bypass the rule against purchasing unripened fruit or purchasing fresh dates for dried dates without proper measure when there is no necessity to consume them fresh.