while denying him the gain? The sound view is therefore that adopted by the author, may Allah have mercy on him: ownership passes to the purchaser from the moment acceptance is completed after the offer.
He is entitled to its separate increase and its earnings. It is prohibited, and invalid, for either party to dispose of the item sold or its specified consideration during the option period.
His statement, “He is entitled to its separate increase”: “he” means the purchaser; “its increase” means the increase of the item sold; and “separate” means that which becomes detached from the item sold, as distinct from connected increase. Separate increase is, as its name indicates, that which is not connected to the item sold, such as milk, offspring, and fruit. Connected increase is that which cannot be separated from the principal asset, such as becoming fat, learning a trade, recovering health after illness, and the removal of a defect after it had existed. This is called connected increase because it cannot be detached from the property itself. Thus, separate increase belongs to the purchaser, whereas connected increase belongs to the seller.
An example of this is a person who purchases a sheep for one hundred dirhams and stipulates an option period of one month. The sheep has milk, and each night he takes from it whatever milk Allah wills. The milk belongs to the purchaser, because it is separate increase.
If this sheep becomes fat and acquires flesh and fat, then that flesh and fat belong to the seller, because they are connected increase that cannot be separated from the principal asset. They therefore follow it, and what is established regarding a subsidiary matter is not necessarily established regarding an independent matter.
What if he purchases a pregnant sheep and, during the option period, it gives birth?
We say: if the pregnancy arose during the option period, then it is separate increase belonging to the purchaser. But if it existed when the contract was concluded, then it is one of the two items sold, and thus it belongs to the seller. This is why, if he returns the sheep, he must return the offspring with it, because the contract included the offspring.
His statement, “and its earnings,” means whatever the item sold acquires, if it is assumed that—