A seller agrees: “I sell you these mangoes currently growing on my tree, but your fruit must remain on that tree for the next 40 days as a term of the sale.”
The buyer bought only the fruit, not the tree. Yet the same contract now grants mandatory future occupation of another person's property.
Under Quduri's rule, that stipulated retention renders the sale defective. The issue is not the number 40; it is a benefit imposed on the separate tree through a condition extraneous to the sale.
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Kitab al-Buyu: Fruit Sales, Ripeness, Cutting and Reserved Quantities
A seller agrees: “I sell you these mangoes currently growing on my tree, but your fruit must remain on that tree for the next 40 days as a term of the sale.”
The buyer bought only the fruit, not the tree. Yet the same contract now grants mandatory future occupation of another person's property.
Under Quduri's rule, that stipulated retention renders the sale defective. The issue is not the number 40; it is a benefit imposed on the separate tree through a condition extraneous to the sale.