What is the ruling on the seller retaining fruit on the trees after a sale?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the fruit remains with the seller, the seller has the right to leave it on the trees until the time of harvesting (juzzaz). This applies whether the retention was stipulated or occurred due to the fruit's visible emergence. This view is held by Malik and Al-Shafi'i. The reference for the timing of evacuation is that the buyer must clear the trees according to custom and usage, which means doing so during the season when the fruit is normally gathered. For dates, this is when their sweetness reaches maturity, unless the custom is to take them while immature (*basr*), in which case it is when the sweetness of the *basr* becomes firm.
Supporting text
Abu Hanifa holds that the seller is obligated to cut the fruit and clear the palm trees because the sold item is encumbered by the seller's retained property, necessitating its removal, analogous to selling a house containing the seller's food or cloth.