What is the ruling regarding fruit whose bloom falls off, revealing the fruit, such as apples and peaches?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 7 · Bab 4

Open in Qurani

Primary text

For fruits where the bloom opens and then falls away, revealing the fruit, such as apples, apricots, pears, and plums, if the bloom opens and the fruit appears within it, the fruit belongs to the seller. If the fruit has not yet appeared, it belongs to the buyer. Grapes are treated similarly because small forms appear first, then the bloom falls away, revealing the fruit.

Supporting text

It is held by some that once the bloom has fallen off, it belongs to the seller, and if it has not fallen, it belongs to the buyer, because the fruit cannot appear until the bloom sheds. Al-Qadi suggests it might belong to the seller upon the appearance of the bloom, arguing that the split bloom is analogous to the flower, and the initial structures within the bloom are containers for the fruit.