without a lock, and locks are fixed in place. Thus, keys are ancillary to locks and unquestionably follow them. Accordingly, keys belonging to fixed locks are included in the sale; otherwise, they are not.
“If he sells land, its plantings and buildings are included, even if he does not say, ‘with its appurtenances.’ If it contains a crop, such as wheat or barley, it belongs to the seller and is to remain in place.”
His statement, “If he sells land, its plantings and buildings are included, even if he does not say, ‘with its appurtenances’”: that is, if he sells land on which there are plantings, the plantings follow the land, since they are regarded in relation to the land as a subsidiary that follows its basis. The same applies to buildings: if he sells land containing a building, the building is included in the sale of the land, because the building is subsidiary to the land and therefore follows the basis.
Question: If the land is bare, containing neither a building, plantings, nor crops, then when he sells this land, everything in it is included. But does this include the pasture vegetation that Allah, Exalted is He, causes to grow?
The answer: It is not included, because it is not owned through ownership of the land, due to the Prophet’s statement, peace and blessings be upon him: “People share in three things: water, pasture, and fire.” (1) Thus, it is not included in the sale. As for what a person has planted, it is included.
His statement, “even if he does not say, ‘with its appurtenances’” (2), indicates that there is a difference of opinion regarding this issue: namely, that if he does not say, “with its appurtenances,” the building and plantings are not included.