Does the sale of trees include the land upon which they grow?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
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).