Is the splitting of the blossom ('tashaqquq al-tala') a necessary condition for the application of the legal ruling regarding fruit ownership?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

The ruling concerning the ownership boundary relates to the appearance of the fruit due to the splitting of the blossom, which is what is meant by 'ta'bir' (pollination/fruit bearing), not the mere act of pollination itself. Whether the blossom splits naturally or is split by a climber ('al-su'ad'), the ruling applies upon its appearance.