A tree is unlike a loose object resting on the land. Its roots and intended continued growth give it the character of a lasting attachment.
Example: a grove is sold for an agreed total price. Even if the contract names only the land, its permanently growing mango and date trees follow the land under the stated classical rule.
Crucially, ownership of the tree and ownership of fruit already on it are distinct questions. The following text separates them.
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Kitab al-Buyu: Houses, Land, Trees, Crops and Fruit Ownership
A tree is unlike a loose object resting on the land. Its roots and intended continued growth give it the character of a lasting attachment.
Example: a grove is sold for an agreed total price. Even if the contract names only the land, its permanently growing mango and date trees follow the land under the stated classical rule.
Crucially, ownership of the tree and ownership of fruit already on it are distinct questions. The following text separates them.