‘Abd al-Haqq reports from some of his teachers that the rightful owner may acquire it by pre-emption at its purchase price. This is incorrect, however, since their joint ownership of it arose only after the sale, so there is no basis for pre-emption. The correct position is that he may acquire it at its value as dismantled materials, because the Prophet ﷺ said: “There must be neither harm nor reciprocating harm.” As for the half that has been reclaimed, Sahnūn’s foregoing position requires considering whether the seller was a usurper or a purchaser, in the manner already explained. Allah grants success.

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The second case is where someone purchases palm trees on condition that he uproot them, then purchases the land, after which another man establishes rightful ownership of it. The purchaser recovers from the seller the price of the land reclaimed from his possession. The respective rights of the purchaser of the palm trees and the rightful owner concerning the materials are then determined according to the positions of Ibn al-Qāsim and Sahnūn already explained in the first case. Allah Most High grants success.

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The third case is where someone first purchases the land and then purchases the materials, after which another man establishes rightful ownership of the land. Here, according to Ibn al-Qāsim’s position, the rightful owner of the land may acquire the materials only at their value as standing structures, because the purchaser paid a higher price for them so that he could leave them on his land. He is therefore not in the same position as someone who purchased them for removal. This is what ‘Abd al-Haqq reports in his book, and it is correct. Accordingly, if the rightful owner refuses to pay him their value as standing structures, the purchaser should be told, “Pay him the value of his land as bare land.” If he too refuses, they should be required to become joint owners, as explained above.

According to Sahnūn’s position, the circumstances should be examined. If the seller was a usurper, the rightful owner may pay him the value of the materials as dismantled materials. The sale between the seller and the purchaser is then annulled, and the purchaser recovers from him the price he paid. If the rightful owner refuses to do this, the materials remain the purchaser’s by virtue of his purchase: he retains his rights in them, and the rightful owner retains his rights in the land. If they cannot reach a permissible agreement concerning this, the house is sold and the proceeds divided between them in proportion to the value of the materials as standing structures and the value of the plot as bare land. If, however,