the source of the principal [property] has transferred away from it, and non-pollinated fruit belongs to the one to whom it has transferred. This applies to cases such as: providing palm trees as a dowry (sadaq) to a woman, having her relinquish them to him (khul'), designating them as compensation in a lease, or a settlement contract. This is because these are exchange contracts, thus following the same course as a sale. If it transfers without an exchange, such as in a gift, a pledge (rahn), or if [the sale] is rescinded due to a defect, or [because of] the insolvency (falas) of the buyer, or a father retracting a gift given to his child, or the parties mutually rescinding a sale (taqayul), or if it was a dowry and returned to the husband due to the wife's rescission of the marriage, or half of it [returned] due to the husband's divorce, then in the case of rescission, it follows the source, regardless of whether it was pollinated or not; for this is an attached growth (nama' muttasil), so it resembles weight gain. Regarding the gift and the pledge, their ruling is the ruling of a sale, in that it follows [the source] before pollination, and does not follow [it] after it, because ownership of the source ceased without rescission; thus, the ruling regarding it is what we have mentioned, just like a sale. As for the seller's retraction due to the buyer's insolvency, or the husband's [retraction] due to the dissolution of the marriage, these are discussed in their respective chapters.

721 - Issue: He said: "Likewise, the sale of trees when they contain evident fruit (1)."

The summation of this is that trees are of five types. The first is what has its fruit in sheaths (akmam), then the sheaths open and it becomes evident, like the palm tree, concerning which the Sunnah has been reported. We have already explained its ruling; it is the fundamental principle, and whatever is other than it is measured against it and appended to it. From this type is cotton, and things intended for their blossoms, such as roses, jasmine, narcissus, and violets; for their sheaths appear and then open, and it becomes evident. It is thus like the fruit of the palm tree: if its bud (junbud) (2) opens, it belongs to the seller; otherwise, it belongs to the buyer. The second type is that which has its fruit appear plainly, without shell or blossom, such as figs, mulberries, and sycamore figs; these belong to the seller, because their appearance from their tree is at the status of the appearance of the palm fruit from its sheath. The third type is that which appears in its shell and then remains inside it until the time of eating, such as pomegranates and bananas; this also belongs to the seller upon the very appearance, because its shell is of its benefit, and it remains inside it until