If vegetation (like mint) is purchased before it appears, what is the ruling if the buyer allows it to remain?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the buyer purchases such vegetation before it has emerged, he is not permitted to keep it growing. This is because the part that has not emerged consists of non-existent entities that the sale did not cover, meaning that portion belongs to the seller once it appears. Allowing it to remain leads to the mixing of the sold item with the seller's property, which is distinct from the ruling concerning fruit.
Supporting text
If the buyer allows the vegetation to grow until it becomes tall, the ruling is then treated like that of fruit that was bought before the appearance of its soundness and then left until it reached that state.