Is there a ruling on the inclusion of trees and structures in a sale or pledge when the phrase 'with its rights' is omitted?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the explicit phrase 'with its rights' is omitted in the sale or pledge of the land, there are two established juristic opinions regarding whether the trees and structures are included. Imam Al-Shafi'i explicitly stated that they enter the sale but not the pledge. Among his followers, some hold that two opinions apply to both transactions, while others differentiate, stating the sale is stronger and thus carries the accessory items (trees/buildings), unlike the pledge. However, others hold both are equivalent, arguing that what follows in a sale must follow in a pledge, citing ways (turuq) and usufructs (manaafi') as examples.
Supporting text
One position maintains inclusion because trees and buildings are rights attached to the land, as evidenced by their inclusion when the phrase 'with its rights' is used. Conversely, another position denies their inclusion because they are not inherent rights of the land, analogous to harvested fruit (thimarah mu'abbara), which does not transfer upon selling or pledging the land itself. Those supporting inclusion differentiate the standing fruit (which is intended for removal) from trees and buildings, which are fixed.