What is the ruling regarding fruit that emerges after the sale of a fertilized tree?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

If palm trees were sold, whether entirely or partially fertilized, and the fruit shoots (*atla'*) emerge afterward, the shoots belong to the buyer. This is because the emergence occurs during the buyer's ownership and is considered a subsequent growth, similar to growth occurring after the fruit harvest.

Supporting text

There is an alternative view that the shoots of the male palms (*fahl*) belong to the seller before their emergence because they are taken for consumption prior to their appearance, resembling fruit that is only edible after emergence. However, the primary view maintains that they are fruits of the palm tree and fall under the general ruling of the supporting evidence.