The fruit is pollinated, so it belongs to the seller. If it is not pollinated, it belongs to the buyer. This is the view of Malik, al-Layth, and al-Shafi'i. Ibn Abi Layla said: It belongs to the buyer in both cases, because it is connected to the essence by a connection of creation, so it is subordinate to it, like the branches. Abu Hanifa and al-Awza'i said: It belongs to the seller in both cases, because this is a growth that has a limit, so it does not follow its essence in the sale, like crops in the land. Our evidence is the statement of the Prophet (peace be upon him): "Whoever buys palm trees after they are pollinated, their fruit belongs to the one who sold them, unless the buyer stipulates it." It is agreed upon. This is explicit in refuting the view of Ibn Abi Layla and is a proof against Abu Hanifa and al-Awza'i by its implication, because he made pollination a limit for the seller's ownership of the fruit, so what is before it belongs to the buyer; otherwise, it would not be a limit, nor would the mention of pollination be beneficial. Also, because it is a latent growth for which appearance is an end-point, so it is subordinate to its essence before its appearance, and not subordinate to it after its appearance, like the fetus in an animal. As for the branches, they enter into the name of the palm tree, and there is no end-point to their detachment, and the crop is not from the growth of the land, but rather it is merely deposited in it.

Second Section: Whenever one of the two transacting parties stipulates the fruit, it belongs to that party, whether it is pollinated or not; the seller and the buyer are the same in this regard. Malik said: If the buyer stipulates it after pollination, it is permissible, because it is in the position of buying it along with its essence. But if the seller stipulates it before pollination, it is not permissible, because his stipulation of it is in the position of him selling it before its ripeness becomes apparent, with the condition of leaving it. Our evidence is that he excluded part of what the contract pertains to, and it is known, so it is valid, just as if one sold an orchard and excluded a specific palm tree. Also, the Prophet (peace be upon him) forbade "al-thunya" (exclusion), unless it is known. Furthermore, it is one of the two transacting parties, so his stipulation of the fruit is valid, just like the buyer. The basis has been established by agreement and by his saying, peace be upon him: "Unless the buyer stipulates it."