past. Ibn Aqil chose in all these cases that if the seller says: "I sold you this land with its rights," it is included. But if he does not say "with its rights," does it enter [the sale]? There are two views, similar to the case of trees.

Section: If he buys land containing seeds, and the buyer is entitled to the root—such as alfalfa, mint, and vegetables that are harvested once after another—it belongs to him, because it was left in the land for persistence, so it is like the roots of trees. And because if it were visible, it would be his, so it being hidden is even more appropriate, regardless of whether its roots are attached to the ground or not. If it is seed for what the seller is entitled to, it belongs to the seller, unless the buyer stipulates it, in which case it becomes his. Al-Shafi'i said: The sale is invalid, because the seed is unknown and it is an intended object. We argue that the seed enters the sale as a dependent, so its unknown state does not cause harm, just as if one bought a slave and stipulated his property. In a dependent, there is permitted an amount of uncertainty (gharar) that is not permitted in the principal, such as the sale of milk in the udder with a sheep, the fetus with the mother, and roofs in a house; the foundations of walls enter the sale as dependents, and their unknown state does not cause harm, whereas they are not permitted individually. If the buyer did not know about that, he has the option to annul or execute the sale, because it deprives him of the benefit of the land for a year. If the seller agrees to leave it for the buyer, or says: "I will move it," and he is able to do so in a short time that does not harm the benefits of the land, then the buyer has no option, because he removed the defect by moving it, or increased its goodness by leaving it, so he must accept it, as it involves validating the contract; this is the school of al-Shafi'i. Similarly, if he bought [palm trees containing] unripe dates and it turned out to be pollinated, he has the option, because it deprives the buyer of the year's fruit, and its remaining harms the palm trees. If the seller leaves it for him, he has no option. If he says: "I will cut it now," his option is not nullified by that, because the year's fruit is lost whether he cuts it or leaves it. If he buys land in which there is a crop belonging to the seller, or trees containing fruit belonging to the seller, and the buyer is unaware of that, thinking that the crop and fruit are his, he also has an option, as if he were unaware of its existence, because he only agreed to part with his wealth as an exchange for