to the house, he should install it; otherwise, it is like a cloth, for example: if the cloth is likewise not nailed down, the seller may take it.

His statement, “the nailed ladder and shelf”: A ladder used to climb to the roof is included if it is nailed down; if it is not nailed down, it is not included. The same applies to a shelf: if it is nailed down, it is included; otherwise, it is not. If the shelf supports are nailed down, while the wooden board that constitutes the shelf is merely placed upon these supports, is it included in the sale? We say: the supports are included because they are nailed down, whereas the board placed upon them is not included because it is not nailed down.

The same applies to a millstone: its lower stone is included in the sale because it is built in and fixed, whereas the upper stone is not included because it can be removed.

His statement, “and any buried storage jar”: A storage jar is an earthenware vessel in which they used to place dates and the like. If it is buried, it is included; but if it is placed on the surface of the ground, it is not included, like other vessels.

What the author—may Allah have mercy on him—has mentioned has no basis in revealed evidence; rather, it is based on customary practice. In their custom, these things are not included, so the sale does not encompass them. But if the custom differs, such that a door is considered included in the sale whether it is installed or not, then is it included?

The answer is yes. The same also applies to the example of the shelf: its supports are nailed down and fixed, but the wooden board placed upon them is not nailed down. Yet custom and common practice regard it as an appurtenance, so it is included.

Likewise, with a millstone, its lower stone is nailed into the ground or built upon it, while its upper stone is not nailed down.