Otherwise, it becomes clear that it did not transfer from the seller. Our evidence is the statement of the Prophet (peace and blessings of Allah be upon him): "Whoever sells a slave who has property, his property belongs to the seller unless the buyer stipulates otherwise." And his statement: "Whoever sells palm trees after they have been pollinated, their fruit belongs to the seller unless the buyer stipulates otherwise." This is agreed upon. He made it belong to the buyer by the mere act of stipulating it, and this is general for every sale. Furthermore, it is a valid sale, so it transfers ownership immediately following it, like [a sale] that has no option. Also, because a sale is a transfer of ownership, as evidenced by his saying: "I have transferred ownership to you (mallaktuka)." Therefore, ownership is established by it, like all other sales. This is corroborated by the fact that the transfer of ownership indicates the transfer of ownership to the buyer, its wording necessitates it, and the Shari'a has considered it and ruled for its validity; thus, it must be considered in what it necessitates and what its wording indicates, and the establishment of an option in it does not contradict this, just as if one were to sell goods for goods.
(10) In [M] there is an addition: "Reported by Muslim." The hadith was extracted by al-Bukhari in: The Chapter of the Man Who Has a Right of Passage or Irrigation in an Orchard or Palm Trees, from the Book of Musaqat (Sharecropping), Sahih al-Bukhari 3/151. And Muslim in: The Chapter of One Who Sells Palm Trees Upon Which There is Fruit, from the Book of Sales, Sahih Muslim 3/1173. And Abu Dawud in: The Chapter of the Slave Who is Sold and Has Property, from the Book of Leasing, Sunan Abi Dawud 2/240, 241. And al-Tirmidhi in: The Chapter of What Has Been Related Regarding Purchasing Palm Trees After Pollination and a Slave Who Has Property, from the Chapters of Sales, 'Aridat al-Ahwadhi 5/253. And al-Nasa'i in: The Chapter of the Slave Who is Sold and the Buyer Excludes His Property, from the Book of Sales, al-Mujtaba 7/261. And Ibn Majah in: The Chapter of What Has Been Related Regarding One Who Sells Pollinated Palm Trees or a Slave Who Has Property, from the Book of Commerce, Sunan Ibn Majah 2/746. And al-Darimi in: The Chapter of One Who Sells a Slave Who Has Property, from the Book of Sales, Sunan al-Darimi 2/253. And Imam Malik in: The Chapter of What Has Been Related Regarding the Property of a Owned Slave, from the Book of Sales, al-Muwatta 2/611. And Imam Ahmad in: al-Musnad 2/9, 78, 82, 150, 3/301, 310, 5/326.
(11) Extracted by al-Bukhari in: The Chapter of One Who Sells Pollinated Palm Trees or Cultivated Land or by Lease, and The Chapter of Selling Palm Trees with their Root, from the Book of Sales; and The Chapter of the Man Who Has a Right of Passage or Irrigation in an Orchard or Palm Trees, from the Book of Musaqat; and The Chapter of If One Sells Pollinated Palm Trees, from the Book of Conditions. Sahih al-Bukhari 3/102, 150, 151, 247. And Muslim in: The Chapter of One Who Sells Palm Trees Upon Which There is Fruit, from the Book of Sales, Sahih Muslim 3/1172, 1173. It was also extracted by Abu Dawud in: The Chapter of the Slave Who is Sold and Has Property, from the Book of Leasing, Sunan Abi Dawud 2/240. And al-Tirmidhi in: The Chapter of What Has Been Related Regarding Purchasing Palm Trees After Pollination and a Slave Who Has Property, from the Chapters of Sales, 'Aridat al-Ahwadhi 5/252, 253. And al-Nasa'i in: The Chapter of Palm Trees Sold by Their Root While the Buyer Excludes Their Fruit, and The Chapter of the Slave Who is Sold and the Buyer Excludes His Property, from the Book of Sales, al-Mujtaba 7/260, 261. And Ibn Majah in: The Chapter of What Has Been Related Regarding One Who Sells Pollinated Palm Trees or a Slave Who Has Property, from the Book of Commerce, Sunan Ibn Majah 2/745, 746. And Imam Malik in: The Chapter of What Has Been Related Regarding the Fruit of Property Sold by Its Root, from the Book of Sales, al-Muwatta 2/617. And Imam Ahmad in: al-Musnad 2/6, 9, 54, 63, 78, 82, 102, 150, 5/326.
