in the land. Accordingly, they are to be assigned a new valuation; otherwise, the seller may take them. The correct view is that they are included with the land as its appurtenances.
If he sells plantings—for example, date palms—does the land also enter into the sale?
The answer is no, because the date palms are a subsidiary, and the basis does not follow the subsidiary. The land is the basis, while the date palms are subsidiary; the basis cannot follow the subsidiary. However, in our local custom, until quite recently, if someone sold his date palms growing on a plot, or his tamarisk trees, or the like, the sale included the land. People know no other understanding. Therefore, expressions must be interpreted according to their customary meanings, unless it is expressly stated that their lexical meanings are intended, in which case what has been stipulated is followed. When no such qualification is made, expressions must be understood according to the usage of the people’s custom.
This is a consistently applicable principle: expressions must be understood according to the usage of the people’s custom. Whatever that customary usage entails, the expression must be understood accordingly; whatever it does not entail is not included.
His statement, “If it contains a crop, such as wheat or barley, it belongs to the seller and is to remain in place,” means that a crop growing in the land is of two types:
The first is that which is harvested only once, such as wheat and barley. This is left for the seller; that is, it is not included in the sale and belongs to the seller unless the buyer stipulates it. It likewise remains the seller’s until it is harvested and reaped. If the buyer asks for the land to be cleared of it, he has no right to do so. Rather, he is told: You bought it while the crop was growing in it, and it is known that the crop remains until harvest and reaping. The cost of irrigating it is borne by the seller, because the seller did not acquire ownership of it from the buyer; rather, his ownership of it simply continued.