If the crop reaches harvest time and the land is sold after it has reached that stage, it belongs to the seller. The scholars said: He must harvest it immediately; if he leaves it until it grows further, the sale becomes invalid, because its growth occurs little by little, and we do not know how much has been added after its growth. This makes the original amount unknown, and when it is unknown, the sale is invalid.
If the buyer says to the seller, “Harvest it as fodder,” since the crop may be used as fodder for livestock, but the seller says, “No, I want to leave it until it produces ears and grain,” then the seller’s position is followed. This is because the seller has the right to leave this crop until harvest time. Once its harvest time arrives, however, the buyer may demand that he harvest it. If he does not do so, he must pay rent for its remaining on the land, because he is then trespassing.
The second type of crop is mentioned in his statement:
“If it is a crop that is cut or picked repeatedly, its roots belong to the buyer, while the standing growth for cutting and the produce present for picking at the time of sale belong to the seller. If the buyer stipulates this, the sale is valid.”
His statement, “If it is a crop that is cut or picked repeatedly, its roots belong to the buyer, while the standing growth for cutting and the produce present for picking at the time of sale belong to the seller,” means that if the crop growing in the land is one that is cut repeatedly, such as alfalfa, it may be cut today and then grow again afterward, to be cut a second and third time. It may remain in this state for one or two years, and perhaps even longer, depending on the fertility or barrenness of the land. In this case, the roots—that is, the roots and stalks—belong to the buyer, while the standing growth belongs to the seller and is left until its usual time for cutting.
The same applies to produce that is picked repeatedly. If the crop is one that is picked repeatedly, such as eggplants, cowpeas, tomatoes, and the like, then its roots belong to the buyer as an appurtenance of the land, while the produce already present belongs to the seller and is left until its usual time for picking.