After sale, the tree can belong to the buyer while the existing fruit still belongs to the seller. The buyer is entitled to delivery and clearance of the purchased property.
The seller must separate the fruit that remains the seller’s and hand the sold tree over. Retaining the fruit does not create an indefinite right to leave it occupying the new owner’s property.
Delivery (taslim) is a practical obligation distinct from the question of who initially owned each object.
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Kitab al-Buyu: Houses, Land, Trees, Crops and Fruit Ownership
After sale, the tree can belong to the buyer while the existing fruit still belongs to the seller. The buyer is entitled to delivery and clearance of the purchased property.
The seller must separate the fruit that remains the seller’s and hand the sold tree over. Retaining the fruit does not create an indefinite right to leave it occupying the new owner’s property.
Delivery (taslim) is a practical obligation distinct from the question of who initially owned each object.