What is the ruling when watering is necessary for the fruit, but that watering would harm the tree, or when watering the tree is necessary but would harm the fruit?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the fruit requires watering while the tree is harmed by it, or if the tree requires watering that harms the fruit, the ruling by Al-Qadi is that whichever party demands watering due to necessity compels the other party to allow it. This is because the contract implicitly includes what is necessary for the continuation of the contract's purpose; the buyer's contract implies retaining the fruit, which requires watering, and the contract requires allowing the buyer access to preserve the stock. Therefore, each party must fulfill what the contract necessitated for the other, even if it causes harm.
Supporting text
The extent of watering must be limited to the necessity. If there is a dispute regarding the necessary amount, experts must be consulted. The party requesting the watering bears the expense because it is for their need.