If the seller specifies “I sell this plot and its present standing wheat crop,” the crop may be included under the clause, provided the transaction otherwise meets the applicable conditions of sale.
In contrast, “I sell this plot” alone does not convey the standing crop.
An express inclusion differs from mere physical presence. Clear wording avoids a dispute over the intended subject matter.
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Kitab al-Buyu: Houses, Land, Trees, Crops and Fruit Ownership
If the seller specifies “I sell this plot and its present standing wheat crop,” the crop may be included under the clause, provided the transaction otherwise meets the applicable conditions of sale.
In contrast, “I sell this plot” alone does not convey the standing crop.
An express inclusion differs from mere physical presence. Clear wording avoids a dispute over the intended subject matter.