If a seller harvests a crop prematurely to utilize the land for other purposes, what is the extent of their right to use the land afterwards?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the seller harvests the crop before the proper time to benefit from the land for other uses, they do not gain entitlement to its usufruct. This is because the reserved benefit was contingent upon the crop's necessary remaining presence, thus the land's use is limited by the crop's duration, similar to fruit remaining on a tree. Similarly, if the sold item is grain that is not typically moved in a day, the seller should not be compelled to move it in one day to utilize the house, and forcing such immediate removal is impermissible.