All the fruit that is still hanging on the trees—fresh dates, grapes, figs, olives and every other kind—follows the principal property, exactly as we have explained here, even though no signs of ripeness have yet appeared.

If, after the palms have been pollinated or the fruit has become visible on other trees, the buyer has not stipulated ownership of that fruit and then wishes to purchase it before it ripens, Mālik allows him—and him alone—to do so; it may not be sold at that stage to anyone else.

It is not permissible to sell fruit on the basis of an estimated yield (kharṣ); it may only be sold jazāfan, that is, for a lump sum without measurement. It is, however, lawful to sell a portion of the crop, such as one-half or one-third.

There are two views on stipulating half the fruit. One deems it permissible—this is the stronger position transmitted from Ashhab—while the other deems it impermissible; this is the opinion related from Ibn al-Qāsim.

No claim of jā’iḥa (loss through blight or calamity) is admitted with respect to fruit that is stipulated together with the parent property, even if a calamity destroys it all. The same rule applies to fruit that the buyer himself is permitted to stipulate: whatever he acquires by virtue of that stipulation is deemed subordinate to it and remains in his possession, in suspense, until its purchaser takes it, whether the item concerned is tangible property (ʿayn), movable goods (ʿurūḍ) or a debt (dayn).

According to Mālik, it is permissible to buy a slave whose assets consist of silver with silver on deferred terms; the same holds if his assets are in gold or are debts. If the slave is later found to belong to someone else after his property has perished, nothing is owed—unlike the case of stipulated fruit. Yet if the buyer, now the slave’s master, has removed the slave’s property and then wishes to return the slave, he may not do so without returning the property as well; this differs from the case of istihqāq (a prior claim).

If the land whose fruit had been stipulated in the sale is later claimed by its rightful owner, the fruit is entitled to its proportional share of the purchase price. This contrasts with the slave whose property was stipulated: his property may perish and the slave then be reclaimed, without any adjustment.

Any fruit that falls within the sale without the buyer having expressly stipulated it carries no share of the price, because it came into existence while already under the buyer’s ownership.

When land is sold together with its appurtenances, every permanent building that is fixed to it is automatically included in the sale.