Does the sale of trees include the land upon which they grow?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

If trees are sold, the land upon which the trees stand is not included in the sale. This view is stated by Abu Ishaq bin Shaqila. The reasoning is that the term 'trees' does not encompass the land, nor is the land considered secondary to the sold item (the trees).