What is the ruling regarding crops rooted in the land when the land itself is purchased?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If a buyer acquires land containing crops, and the buyer is entitled to the principal growth, such as perennial herbs like rudbeckia, mint, or greens that can be harvested multiple times, the crop belongs to the buyer. This is because the crop is left in the ground for its continuation, similar to the roots of trees. Furthermore, if the growth were above ground, it would belong to the buyer, thus the hidden growth takes precedence, regardless of whether its roots are attached to the soil or not. If the seeds are such that they belong to the seller, they remain the seller's property unless the buyer stipulates otherwise, in which case they belong to the buyer. The basis for this ruling is that the seeds enter the sale as an accessory; therefore, their ambiguity does not invalidate the transaction, analogous to stipulating the property of a slave when buying the slave. In accessories, a degree of uncertainty (gharar) is permissible that is not permitted in principal items, such as selling milk in the udder along with the sheep, offspring within the mother animal, roof structures in a house, or wall foundations—these enter as accessories and their lack of precise measurement is not detrimental, whereas they cannot be sold individually.
Supporting text
If the buyer was unaware of the existence of such growth, the buyer has the option to rescind or uphold the sale because the benefit of the land for an entire year is lost to the buyer.