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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 140فصل

الترجمة · EN

its benefit was obtained as an exception to the requirement of the contract due to the necessity of the crop remaining, so it is estimated by its duration, just like fruit on a tree. And just as if the sold item were food that is not customarily moved except within a month, he is not tasked with more than that; if he burdens himself by moving it in one day to benefit from the house for something else, it is not permitted, and the same applies here. Whenever the crop is harvested, and roots remain that harm the land, such as the roots of cotton or sorghum, the seller must remove them. If the land is dug up, he must level its holes, because it is an improvement to his property. Thus, it is as if he sold a house containing a large jar (khabiya) that cannot be taken out except by demolishing the door of the house; if he demolishes it, he is liable. Likewise, every reduction caused to a person's property for the improvement of another's property, without the permission of the former and without any action originating from him that caused the reduction, the liability is upon the one who introduced the reduction.

Section: If he sells land containing crops that are harvested repeatedly, such as once after another, the roots belong to the buyer, and the crop visible at the time of sale belongs to the seller, regardless of whether it is something that remains for a year, like chicory (hindiba) and vegetables, or more, like alfalfa (ratba). The seller must cut what he is entitled to from it immediately, as there is no limit for it to end. Because that would take a long time, and what was not visible would emerge, and the increase comes from the roots which are the property of the buyer. Likewise, if the crop is of a type whose fruit recurs, such as cucumbers, squash, melons, eggplants, and the like, it belongs to the buyer, and the fruit visible at the time of sale belongs to the seller; because that is something in which the fruit recurs, so it resembles trees. If it is of a type whose flower is taken while its roots remain in the ground, such as violets and narcissi, the roots belong to the buyer, because they were placed in the ground to remain therein, so they are like alfalfa. Likewise its leaves and branches, because the intent is not to take them, so they are like the leaves and branches of trees. As for its flower, if it has already bloomed, it belongs to the seller, otherwise it belongs to the buyer, based on what we mentioned regarding that.

الحواشي

(14) Al-Khabiya: A water container in which water is stored. (15) Al-Hindiba: A cultivated vegetable whose leaves are cooked or used as an appetizer. (16) Al-Ratba: Specifically, alfalfa (qadb). It is what is eaten from fresh-cut plants; it is not stored and does not last, like fruits.

السابقمجلد 6 · صفحة 140التالي
السابق6·140التالي