the land and the trees with what they contain. So when it becomes apparent that it is otherwise, it is appropriate that he should have an option, like the buyer of a defective item who thinks it is sound. If they differ regarding his ignorance of that, the statement is that of the buyer if he is from among those who would be ignorant of such a thing, as he is a commoner, for this is something many people are ignorant of. If he is one who would know of it, his statement is not accepted, because the apparent state is that he would not be ignorant of it.

Section: If he sells him land with its rights, whatever it contains of plantings and buildings enters the sale. Likewise, if he says: "I mortgaged this land to you with its rights," its plantings and buildings enter the mortgage. If he does not say: "with its rights," do the plantings and buildings enter in both cases? There are two views. Al-Shafi'i stated explicitly that they both enter in the case of a sale, but not in a mortgage, and his companions differed regarding this. Some of them said: There are two opinions concerning both of them. Some of them distinguished between them on the basis that a sale is stronger, thus it follows the buildings and trees, unlike a mortgage. Others said: They are the same, because what follows in a sale follows in the mortgage, like paths and benefits. Regarding both together, there are two views: One is that the buildings and trees enter, because they are among the rights of the land, and for this reason they enter if he says: "with its rights." And whatever is among its rights enters it when expressed absolutely, like its paths and benefits. The second is that they do not enter, because they are not among the rights of the land, so they do not enter its sale or its mortgage, like pollinated fruit. He who supported the first view distinguished between them on the basis that fruit is desired for transport and is not among its rights, unlike trees and buildings. If he says: "I sold you this garden," the trees enter it, because "garden" is a name for the land, the trees, and the wall; and for this reason, exposed land is not called a garden. Ibn Aqil said: The building enters into it, because whatever the trees enter, the building enters, and it is possible that it does not enter.

Section: If he sells him trees, the land does not enter the sale. Abu Ishaq ibn Shaqla mentioned this; because the name does not encompass it, nor is it a dependent of what is sold.