If someone were to ask: Which is preferable for the buyer: to stipulate that the pollinated fruit, or the fruit whose spathe has split open, belongs to him, or to leave it to the seller?
The answer is that he should stipulate that it belongs to him, so that he is spared the seller’s repeated visits to attend to the fruit. It is well known that once the seller sells the palm tree, it becomes the buyer’s property, and the seller has no claim over it whatsoever. Yet if it bears pollinated fruit and the buyer does not stipulate it for himself, the seller will need to return repeatedly to attend to that fruit. Thus, the buyer who has stipulated that the fruit belongs to him after pollination may be harmed if he does not make this stipulation—or, at the very least, inconvenienced by the seller’s repeated visits. We therefore hold that, in this case, it is preferable for him to stipulate that the fruit belongs to him, in order to prevent disputes, enmity, and complications.
There is also a point that the student of knowledge should understand: when the jurists state that certain rights belong to a person, or do not belong to him, they state this merely by way of clarification. However, in order to cultivate and guide people, the student of knowledge should say, “What is preferable is such-and-such,” when he sees that a particular condition will avert quarrelling and dispute. Do not be a jurist like a judge; rather, be a jurist who nurtures and guides. Thus, if someone comes to seek your advice and says, “Do you think it is preferable for me to stipulate that the fruit belongs to me, even though the seller has pollinated it, or should I leave it to him?”
We say: It is preferable for you to stipulate it, so that you are spared the seller’s repeated visits and the inconvenience they cause. The palm tree may even be in a house, and he will then have to keep coming to the house; this creates a problem.
His statement, “The same applies to grapevines, mulberry trees, pomegranate trees, and others,” means: and other trees as well.