What is the ruling on selling a palm tree with its existing pollinated fruit?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If a palm tree with fruit that has been pollinated (mu'abbara) by the seller is sold, the usufruct of the fruit remains implicitly excluded by religious law until the fruit matures.
Supporting text
Explicitly stipulating the exclusion of the usufruct (fruit benefit) in the contract is not permissible.