Summary of Feqh - Section 1: That which is Included in the Sale of Land

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Section 1: That which is Included in the Sale of Land

Included into the sale of land are the buildings and trees on it, according to the consensus of the following schools: Hanafis, [2172] See: "Al-Bahr Al-Raiq" by Ibn Nujaym (5/318), and "Bada'i al-Sana'i" by al-Kasani (5/164). Malikis, [2173] See: "Hashiyat ad-Dasuqi 'ala ash-Sharh al-Kabir" (3/170), "Minh al-Jalil" by 'Ulaysh (5/281). Shafis, [2174] See: "Mughni al-Muhtaj" by al-Sharibini (2/81), "Nihayat al-Muhtaj" by al-Ramli (4/119). and the Hanbalis. [2175] See: "Al-Mubdi'" by Burhan al-Din Ibn Muflih (4/51), "Al-Insaf" by al-Mardawi (5/46). This is what the majority of scholars are upon. [2176] Al-Kasani said: "If the item sold is land and no specifications were mentioned, built structures and trees on it are included in the sale, but crops and fruits are not included according to the majority of scholars". See: "Bada'i al-Sana'i" (5/164).

This is due to the following:
(1) Because buildings and trees are connected to the land and are considered as its parts, so are consequently included in the sale. [2177] See: "Al-Kafi fi Fiqh al-Imam Ahmad" by Ibn Qudamah (2/42), "Al-Bahr Al-Raiq" by Ibn Nujaym (5/318).
(2) Because there are rights related to the land, and they are included in the land in every aspect; as they are taken for staying in it, and not for a known period being finished. [2178] See: "Kashaf al-Qina'" by al-Buhuti (3/276).
(3) Customary practice: It is understood that the sale of the land includes what is in it, such as a house or trees. [2179] See: "Al-Binayah Sharh al-Hidayah" by al-Ayni (8/32).