Chapter: Roots and Fruits

If one says, “I sell you this land, courtyard, or plot with the buildings and trees it contains,” the established view is that the buildings and trees are automatically included in the sale, though not in a pledge. The perennial roots of herbaceous plants that survive two years—such as qit (fenugreek) and hindaba (chicory)—are treated like trees and are likewise included. What is harvested all at once, however—wheat, barley, and all other field crops—is not included.

According to the authoritative opinion, it is valid to sell cultivated land. Should the buyer have been unaware of the existing crop, he is entitled to rescind. The presence of the crop does not prevent the land from passing into the buyer’s possession, nor from becoming his responsibility, once due vacating has occurred; this is the sounder view. Seed is treated like the standing crop, and the stronger opinion is that the buyer is not owed any rent for the period during which the crop remains.

If someone sells land together with seed or a crop that cannot be sold on its own, the entire transaction is void. Some authorities, however, report two opinions concerning the land itself.

Stones that naturally occur in the ground are included in the sale; stones that have been deliberately buried are not. If the buyer knew of them, he has no right of rescission. The seller must remove the buried stones, and the same ruling applies if the buyer was unaware but their removal causes no harm. If removal would be harmful, the buyer may either rescind or proceed. Should he decide to proceed, the seller must extract the stones and level the ground. The discussion continues