ولا يدخل الزرع في بيع الأرض إلا بالتسمية
Translation: A standing crop is not included in the sale of land unless expressly specified.
Al-zarʿ here refers to cultivated crops such as standing wheat or barley, ordinarily grown to be harvested.
Unlike rooted perennial trees, a crop is attached for a limited period and intended for severance. It therefore does not pass merely because the soil is sold. The clause requires express designation if it is to be included.
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Kitab al-Buyu: Houses, Land, Trees, Crops and Fruit Ownership
ولا يدخل الزرع في بيع الأرض إلا بالتسمية
Translation: A standing crop is not included in the sale of land unless expressly specified.
Al-zarʿ here refers to cultivated crops such as standing wheat or barley, ordinarily grown to be harvested.
Unlike rooted perennial trees, a crop is attached for a limited period and intended for severance. It therefore does not pass merely because the soil is sold. The clause requires express designation if it is to be included.