to be in excess, the buyer likewise has a choice: if he wishes, he may take the whole of it, reckoning every cubit at one dirham; or, if he wishes, he may rescind the sale.

Whoever sells a house, its entire structure is deemed included in the sale even if he does not mention it explicitly. Whoever sells a plot of land, everything found upon it is likewise included, even if not named, whereas any existing crops are excluded unless they are expressly specified. Whoever sells date-palms or other trees that already carry fruit, the fruit belongs to the seller unless the purchaser stipulates otherwise; in that case the seller is instructed, “Harvest it and hand over the property.”

If someone sells fruit that has not yet ripened—or fruit that has ripened—the sale is valid, but the buyer must pick it at once; if he stipulates that it remain on the trees, the sale is invalid.

It is not permissible to sell fruit while excepting from it a stated number of pounds. It is, however, permissible to sell wheat in its husks and fava beans in their pods.

Whoever sells a house, the keys to its locks are included in the sale. The fee of the measurer and of the money-changer for the price falls upon the seller, while the fee of the weigher for the price falls upon the buyer. When a commodity is sold for money, the buyer is first told, “Pay the price.” Once he has paid, the seller is told, “Deliver the goods.” When a commodity is exchanged for another commodity, or money for money, both parties are instructed to deliver simultaneously.