had no fruit of it pollinated, so it must belong to the buyer by the implied meaning of the report, just as if it were separate and alone in an orchard. Also, because this does not lead to poor partnership, conflict of hands, or harm, it remains under the ruling of the original principle. If a palm tree is sold while all of it, or part of it, has been pollinated, and it then produces new fruit after that, the new fruit belongs to the buyer because it came into existence during his ownership, so it belongs to him, just as if it had come into existence after the harvesting of the fruit. Also, because what it produced after the pollination of the other [fruit] does not usually resemble it due to the distance of time between them.

Section: The fruit of the male palm tree (fuhhal) is like the fruit of the female ones. This is the apparent view from the speech of al-Shafi'i. It is possible that the fruit of the male palm tree belongs to the seller before it appears because it is taken for eating before its emergence; thus it is like a fruit that is only created as appearing, such as figs, and the emergence of its fruit would be like the emergence of other fruits. Our evidence is that it is the fruit of a palm tree which, if left, appears, so it is like the female one, or it enters into the generality of the report. What was mentioned for the other view is not correct, for eating it is not its primary purpose; rather, it is intended for pollination, and that occurs after its emergence, so it resembles the fruit of the female palm tree. If he sells palm trees that have both male and female ones and nothing of them has split open, then the whole belongs to the buyer, except according to the other view, for the fruit of the male palm tree would belong to the seller. If the fruit of one of the two types has split open and the other has not, then what has split open belongs to the seller, and what has not split open belongs to the buyer, except according to those who treat all types as equal. If the fruit of some of the female ones or some of the male ones has split open, then what has appeared belongs to the seller, and what has not appeared is subject to the difference of opinion we have already mentioned.

Section: Every contract of exchange (mu'awadah) follows the same course as a sale in that the pollinated fruit belongs to the one