Chapter on the Sale of Fixed Property and Produce

The author’s statement: “Chapter on the sale of fixed property and produce.”

The author, may Allah have mercy on him, devoted an independent chapter to the sale of fixed property and produce because of its many subsidiary issues, although it falls under the general chapter on sales.

Uṣūl is the plural of aṣl (foundation or root). Linguistically, it refers to that from which something branches out or upon which it is built. Thus, a father is the origin of his son, because the son branches from him; and a wall’s foundation is the origin of the wall, because the wall is built upon it.

As for aṣl in technical usage, its meaning varies according to the context. When we speak of evidences, what we mean by aṣl is the proof. Hence, in books concerned with evidences, when the ruling of an issue is mentioned, one finds the statement: “The basis for this is the saying of Allah, Most High,” or “the saying of the Prophet, peace and blessings be upon him.” At times, it is applied to everything from which something else branches out, such as legal principles, general guidelines, and the like. In this chapter, uṣūl refers to fixed property: namely, land, houses, and trees.

Thimār is the plural of thamar (fruit or produce), meaning what trees produce. Thus, a date palm is considered a fixed asset, while its dates are produce, because they grow from it.

The author did not mention crops, although he has discussed them, either out of conciseness or for the sake of brevity.

The purpose of this chapter is not to discuss the conditions of sale, since the conditions of sale have already been mentioned, nor the impediments to sale, since the impediments to sale have likewise already been mentioned. Rather, the purpose is to explain what is included in a sale and what is not included.