What is the ruling on a sale of land that includes a crop meant for a single harvest, such as wheat, barley, or pulses, or hidden crops like carrots, radishes, onions, and garlic?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

If the seller stipulates that the single-harvest crop, whether sprouted, bearing grain, hidden, visible, known, or unknown, belongs to the buyer, then it belongs entirely to the buyer. This is because it enters the sale as an accessory to the land. Its ignorance or lack of maturity does not harm its inclusion, similar to selling a tree with its pollinated fruit stipulated for the buyer. If the sale is made absolute (without stipulation), the crop belongs to the seller because it is a deposit (wadeeah) in the land, akin to hidden treasure or stored goods. Furthermore, it is intended for removal (transport), thus resembling already pollinated fruit. This is the position of Abu Hanifa and Al-Shafi'i, and no dissent is known regarding this matter. The seller is permitted to leave the crop in the ground until harvest time without rent, as its usufruct was explicitly reserved for him. The seller is obligated to harvest it at the earliest permissible time.

Supporting text

If leaving the crop in the ground until harvest is more beneficial to the seller, Al-Shafi'i agrees that this is permissible. Abu Hanifa, however, mandates that the seller remove it immediately following the sale, following the ruling established for fruit.