What is the ruling on fruit that emerges from enclosed pods or husks, like dates and cotton?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
For trees whose fruit emerges from sheaths or husks that subsequently open, such as the date palm (which is the primary case), cotton, and flowers whose buds open to reveal the fruit (like roses, jasmine, narcissus, and violet), if the sheath splits open and the fruit appears, it belongs to the seller; otherwise, it belongs to the buyer. For fruit that appears already exposed without a peel or bud, such as figs, mulberries, and sycamore figs, it belongs entirely to the seller because its emergence from the tree is equivalent to the emergence of the shoot (*ṭalʿ*) from its husk, or because its peel is integral to its preservation until consumption.
Supporting text
For fruits that appear within a single peel, like walnuts and almonds, they belong to the seller upon appearance because the shell usually remains until after harvest, resembling the previous category. The view of Al-Qadi suggests that if the outer shell splits, it belongs to the seller, but if it does not split, it belongs to the buyer, though this is rejected because splitting the shell prematurely often spoils the fruit, unlike the inherent necessity of the date shoot splitting.