What is the ruling on the increase in value if the sale of pre-soundness fruit is deemed valid?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the contract is judged valid, it is narrated that they share the increase because it occurred within their combined ownership: the buyer owns the fruit and the seller owns the root, which is the cause of the increase. However, the sounder view is that the increase belongs entirely to the buyer, similar to a slave gaining weight, because the increase resulted from the seller's original property without a right to retain it. Holding that the seller takes from the buyer is not permissible, as it would be unlawful for the seller.
Supporting text
It is narrated that they should give charity from the increase because the growth resulted from a forbidden source. If they refuse charity, they share the increase. The ruling that they share the increase is conditioned on the buyer not intending circumvention when purchasing before soundness appeared, intending to keep it until it ripened.