These three formulations are not identical:
1. “I sell you this existing fruit.” An unrestricted sale; Quduri's cutting rule follows if other requirements are satisfied.
2. “I sell it on condition that you leave it on my tree until ripe.” A retention stipulation.
3. “I sell it except 12 ratls of the attached fruit reserved for myself.” An unseparated measured reservation.
Contract terms and identification of property change the legal analysis, not merely the parties' unstated intentions.
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Kitab al-Buyu: Fruit Sales, Ripeness, Cutting and Reserved Quantities
These three formulations are not identical:
1. “I sell you this existing fruit.” An unrestricted sale; Quduri's cutting rule follows if other requirements are satisfied.
2. “I sell it on condition that you leave it on my tree until ripe.” A retention stipulation.
3. “I sell it except 12 ratls of the attached fruit reserved for myself.” An unseparated measured reservation.
Contract terms and identification of property change the legal analysis, not merely the parties' unstated intentions.