To whom do the yield and separable increase of the sold item belong during the option period?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 2

Open in Qurani

Primary text

The yield and separable increase of the sold item during the option period belong to the buyer, irrespective of whether the contract is ratified or rescinded. Ahmad stated that if a person buys a slave who is gifted money before separation, and then the seller chooses to revoke the sale, the money belongs to the buyer. Al-Shafi'i holds that if the contract is ratified and ownership is held by the buyer or suspended, the separable increase belongs to the buyer; however, if ownership is held by the seller, the increase belongs to the seller. The primary evidence supporting the buyer's right is the Prophetic tradition: 'The yield belongs to the guarantor' (Al-Kharaj bi al-Daman), which Al-Tirmidhi authenticated as sound. This situation is considered part of the buyer's guarantee, thus the yield must be his. Furthermore, ownership transfers upon sale as established, so the increase should belong to the buyer, similar to the period after the option expires.

Supporting text

If the contract is rescinded and ownership is deemed to belong to the seller or suspended, the increase belongs to the seller; otherwise, it belongs to the buyer. A secondary view suggests that the separable increase belongs to the seller if the contract is rescinded, based on the narration holding that ownership does not transfer.