What is the ruling when date palm trees purchased include fertilized spathes (Tala') belonging to the seller?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

If date palms are purchased and it becomes apparent that they contain fertilized spathes belonging to the seller, the buyer has the option to rescind. This is because the buyer is deprived of the year's fruit, and the continued presence of the spathes harms the palm trees. If the seller allows the spathes to remain, the buyer loses the right to rescind. If the seller offers to cut them immediately, the buyer's right to rescind is not nullified, as the fruit of the year is lost regardless of whether they are cut or left.

Supporting text

If the seller agrees to leave the spathes for the buyer, the buyer loses the option to rescind.