to increase the price? For example, if I sell land containing ten thousand kilograms of wheat, and the buyer stipulates that it is to be his, the price must necessarily increase. So how can this be valid when the Prophet ﷺ forbade the sale of grain until it has hardened? (1)
The answer is that this is included as an adjunct to, and dependent upon, the land. It is like selling a sheep that has milk in its udder: this is valid, even though selling the milk by itself is not valid. Likewise, if one sells a pregnant sheep, it is valid, even though selling the fetus by itself would not be valid. This is the same.
Thus, the trees and crops on sold land are divided into three categories:
First: trees. If land containing trees is sold, they follow the land and belong to the buyer.
Second: if it contains a crop that is cut repeatedly, the present cutting belongs to the seller, while the roots belong to the buyer. If the buyer stipulates that the visible cutting is to belong to him, that is valid.
Third: if it contains a crop that is harvested only once, such as wheat and barley, it belongs to the seller until it is harvested.
In this case, is the seller required to pay rent to the buyer?
The answer is: he is not required to do so, because he has an established right.