and if he purchased them before they bore any fruit, it is yield belonging to him, and the seller makes no deduction from the price on its account.

Section

Whenever the fruit belongs to the rightful claimant, the purchaser from whom it is recovered is entitled to reimbursement from him for watering and cultivation—if he undertook such work and thereby brought the fruit from one stage to another—according to Ibn al-Qāsim and Ashhab. This applies, for example, when someone purchases palm trees bearing no fruit, waters and tends them until they bear fruit, and then a rightful claimant establishes his ownership of them; or when he purchases them bearing unpollinated blossoms, waters and tends them until they are pollinated, and then a rightful claimant recovers them from him after pollination.

Even if his watering and cultivation did not bring the fruit from one stage to another, he would still be entitled to reimbursement according to Ibn al-Qāsim in cases of recovery by a rightful claimant, invalid sales, return for defects—on the view that this constitutes rescission of the sale—and pre-emption—on the view that it is treated as recovery by a rightful claimant rather than as a new sale. In cases of bankruptcy, too, two opinions may be derived. According to Ibn al-Mājishūn and Sahnūn, however, the purchaser from whom the property is recovered has no right to reimbursement from the rightful claimant for any watering or cultivation he undertook.

This summarizes the issue. It is one of five issues whose rulings are similar but differ in certain respects.

The second is return for defects.

The third is acquisition by pre-emption.

The fourth is bankruptcy.

The fifth is return under an invalid sale. I have already set these out concisely in the Book of Defects, so there is no need to repeat them here. And Allah is the source of success.

Section

If the property recovered from the purchaser is a slave or a riding animal, and the purchaser from whom it is recovered claims