A mango tree carrying 40 mangoes is sold; no term mentions those mangoes.
Under the stated rule:
1. The tree belongs to the buyer.
2. The 40 fruit already on it remain the seller’s.
Tree and fruit are physically connected, but separate ownership is recognized for this transaction. This rule about existing fruit does not assign all future fruit indefinitely to the former owner.
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Kitab al-Buyu: Houses, Land, Trees, Crops and Fruit Ownership
A mango tree carrying 40 mangoes is sold; no term mentions those mangoes.
Under the stated rule:
1. The tree belongs to the buyer.
2. The 40 fruit already on it remain the seller’s.
Tree and fruit are physically connected, but separate ownership is recognized for this transaction. This rule about existing fruit does not assign all future fruit indefinitely to the former owner.