Firstly: Selling of Date Palms
1-  Sale of Pollinated Date Palms [2188] "Al-Ta'bir": is pollination, which is the process of taking male date palm flowers and inserting them between female date palm flowers. See: "Al-Istidhkar" by Ibn 'Abd al-Barr (6/300). Some explained it as a fissure; because the ruling is tied to it even if not pollinated, for its analogy to another kind. According to this, the ruling in the Hadith tied to "al-Ta'bir" is because it is mostly accompanied by ripening. See: "Al-Insaf" by al-Mardawi (5/49).
Whoever sells a pollinated date palm, its fruits belong to the seller, unless the buyer stipulates ownership of the fruits for himself. This is agreed upon by the four Sunni schools of Islamic jurisprudence: The Hanafis [2189] The Hanafis say that the fruit belongs to the seller whether it was pollinated or not, if the buyer did not stipulate. See: "Mukhtasar al-Quduri" (p:79), "Al-Hidayah" by al-Marghinani (3/25), "Al-Binayah" by al-Ayni (8/33), "Al-Bahr Al-Raiq" by Ibn Nujaym (5/322), "Al-Fatawa al-Hindiyyah" (3/35). , Malikis [2190] See: "Sharh al-Zurqani 'ala Mukhtasar Khalil wa Hashiyat al-Banani" (5/326), "Al-Sharh Al-Kabir Lildardir wa Hashiyat ad-Dusuqi" (3/172). , and Shafi'is [2191] See: "Minhaj al-Talibin" by al-Nawawi (p: 106), "Tuhfat al-Muhtaj" by Ibn Hajar al-Haytami (4/455). , and Hanbalis [2192] See: "Sharh Muntaha al-Iradat" by al-Buhuti (2/82), "Matalib Uli al-Nuha" by al-Rahibani (3/195). .
Evidence from The Sunnah:
Abdullah ibn Umar (May Allah be pleased with them both) narrated that the Messenger of Allah (?) said, "If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees)” [2193] Narrated by Bukhari (2204), and Muslim (1543). .

Point of Extrapolation from the Hadith:

The hadith indicates that the fruit that has ripened, meaning the fruit which has pollinated, belongs to the seller unless the buyer stipulates otherwise [2194] See: "Nayl al-Awtar" by al-Shawkani (5/204). .
If the fruits belong to the seller, does he have the right to keep them until the time of sprouting?
If the fruits belong to the seller by the terms of the contract, he has the right to keep them until the time of sprouting. This is the opinion of the majority: the Malikis [2195] See: "Mawahib al-Jalil" by al-Hattab (6/446), "Minh al-Jalil" by 'Ulaysh (5/284). , Shafi'is [2196] See: "Tuhfat al-Muhtaj fi Sharh al-Minhaj wa Hawashi al-Sharwani wal-'Abadi" ( 4/460), "Nihayat al-Muhtaj" by al-Ramli (4/148). , and Hanbalis [2197] See: "Al-Iqna'" by al-Hajjawi (2/128), "Kashaf al-Qina'" by al-Buhuti (3/279). . This is because the transfer and unloading in the sale are regulated by custom, and the custom here is the time of sprouting [2198] See: "Adwa' al-Bayan" by al-Shanqiti (2/271).   .
2- The second issue is the sale of non-yielding palm trees
Whoever sells an unpollinated date-palm tree, the fruits will be for the buyer according to the majority of scholars: [2199] Ibn Rushd said: Majority of the Jurists are of the opinion that whoever sells a date palm tree that has fruits before it’s been pollinated, then its fruits are for the buyer. And if the sale is after pollination, then its fruits are for the seller except if the buyer were to stipulate it. (Bidyat Al-Mujtahid) (2/179) Al-Maalikiyah [2200] (Al-Tajj walikleel) By al Mawwaq (4/496), (Zurqani’s commentary upon Mukhtasar Khalil) (5/326), (Al-Sharh Al-Kabeer) By Al-Dardeer (3/172). , Al-Shaafi’iyah [2201] (Minhaj Al-Talibeen) by Al-Nawwawi (pg 106), (Tuhfat Al-Muhtaj) By Ibn Hajar Al-Haytami (4/455). , Al-Hanaabilah [2202] (Sharh Muntaha Al-Iradat) By Al-Buhooti (2/82), (Kashaaf Al-Qinaa’) by Al- Buhooti (3/280). .

Evidence from the Sunnah:
Abdullah ibn Umar (May Allah be pleased with them both) narrated that the Messenger of Allah (?) said, “If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees)” [2203] Narrated by Bukhari (2204), and Muslim (1043) .

Point of Extrapolation from the Hadith
The text of the Hadith indicates that the fruits from a pollinated date palm tree will be for the seller, therefore it is understood that the fruits from an unpollinated tree will be for the buyer. [2204] (Bidayat Al- Mujtahid) by Ibn Rushd (3/189), (NIhayat Al-Muhtaj) by Al-Ramli (4/139), Zarruq’s Commentary upon Al-Risalah (2/765).

3- Buying a date palm tree if part of it is pollinated
Whomsoever buys a date palm tree where part of it is pollinated whilst another part is unpollinated; then the fruits of the pollinated (portion) are for the seller, and the unpollinated (portion) is for the buyer [2205] The Malki’s expounded further in this matter; They said if the pollinated portion and unpollinated portions are equal then the pollinated portion is for the seller and the unpollinated portion is for the buyer, even if both are unequal. If the pollinated portion is more than half than it’s for the seller, and if the pollinated portion is less than half then the fruits are for the buyer. Reference: (Al-Kafi fi fiqh ahl al madina) by Ibn Abd-Albarr  (2/688), (Al-sharh Al-kabeer li-dardeer wa hashiyat Al-Dasooqi) (3/171,172) (Al-Istidhkar) by Ibn Abd-Albarr (6/301). . This is the position of the Hanabilah [2206] (Al-Insaaf) by AL-Mardaawi (5/51), (Al-Mubdi’) by Burhan Al-Deen Ibn Muflih (4/56), Reference, (Al-Mughni) by Ibn Qudaamah (4/53). , as well as the opinions of Al-Shawkani [2207] Al-Shawkani said: “There was a disagreement on if a date palm tree were to be sold and part of it was pollinated and part of it was unpollinated; Al-Shafi’i said: all of it (the fruits) are for the buyer, And Ahmad said that the one that’s been pollinated (i.e. the fruits of that tree) is for the seller and the one that hasn’t been pollinated is for the buyer, and this is the correct opinion.” , Al-Shinqiti [2208] Al-Shiniqiti said: “This is what we have mentioned regarding this issue, and it is correct by Allah’s permission; whatever has been pollinated is for the buyer except if it has been stipulated otherwise, and whatever is unpollinated is for the buyer except if it has been stipulated otherwise”. (Adhwaa Al-Bayan) (2/270). , and Ibn Uthaymeen [2209] Ibn Uthaymeen said: “If a date palm tree has been pollinated and another has not been pollinated, then each of them will have their (own separate) ruling. The dates of the palm tree that is pollinated will be for the seller and the fruits of the unpollinated palm tree will be for the buyer”. (Al-Sharh Al-Mumti’) (9/17) .

Evidence from the Sunnah:
Abdullah ibn Umar (May Allah be pleased with them both) narrated that the Messenger of Allah (?) said, “If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees)” [2210] Narrated by Bukhari (2204), and Muslim (1043) .

Point of Extrapolation from the Hadith:
The Hadith indicates that the fruits of the pollinated (portion) are for the seller, and it is therefore understood that the (fruits) of the unpollinated (portion) are for the buyer [2211] (Al-Mughni) by Ibn Qudamah .

Secondly: The Selling of Trees

1- Selling a fruit tree if the fruits are visible [2212] The appearance of fruits varies according to their types. Shams al-Din Ibn Qudamah said: "Trees come in five types. One type is where its fruit forms in the buds, then it blossoms and appears, like the palm tree, and among this category is cotton, and whatever blossoms like roses, jasmine, narcissus, and violet; for their buds appear, then they blossom, so they are like a flower. If it blossoms, it is for the seller; otherwise, it is for the buyer. The second type is the one where its fruits appear protruding without a peel or blossom, like figs, mulberries, and sycamore; these are for the seller because their appearance is from their tree. Because their appearance from their tree is like the appearance of what is in the bud. The third type is what appears in its peel, then remains in it until eaten; like bananas and pomegranates, it is also for the seller with the same appearance, because its peel is beneficial for him, and it remains in it until eaten, so it is like figs. The fourth type is what appears in two peels, like walnuts and almonds, it is also for the seller with the same appearance... The fifth type is the one that has a blossom that appears, then scatters, and the fruit appears, like apples, apricots, pears, and peaches. So, if it blossoms, and the fruit appears in it, it is for the seller; otherwise, it is for the buyer." (Explanation of Al-Kabir on Al-Muqni') (4/194)
Whoever sells a fruit tree, and the fruit is visible; Its fruit is for the seller, except if the buyer were to stipulate that the fruit is his own, and this is by agreement of all four schools of thought: The Hanafis [2213] The Hanafi School held the view that the fruit belongs to the seller, whether it appears or not, so long as the buyer has not stipulated otherwise. (Al-Hidaya) by Al-Marghinani (3/25), (Al-Bahr al-Ra'iq) by Ibn Nujaym(5/322), Al-Fatawwah AL-Hindiyya (3/35). , Malikis [2214] (Sharh al-Zurqani on Mukhtasar Khalil and the Hashiyah of Al-Banani) (5/326). (Al-Sharh al-Kabir for Al-Dardir and the hashiyah of Al-Dusuqi)(3/172). (Minah al-Jalil) by 'Ulaysh (5/272). , Shafis [2215] (Tuhfat al-Muhtaj) by Ibn Hajar Al-haytimi (4/455) .(Mughni al-Muhtaj) by Al-Sharbini (2/86).(Nihayat al-Muhtaj) by Al-Ramli(4/140). , and Hanbalis [2216] (Al-Mubdi') by Burhan al-Din Ibn Muflih (4/5), (Al-Insaf) by Al-Mardawi (5/50/), (Kashaf al-Qina') by Al-Buhuti(3/280). (Matalib Uli al-Nahy) by Al-Ruhaybani (3/196).

Evidence from the Sunnah:
Abdullah ibn Umar (May Allah be pleased with them both) narrated that the Messenger of Allah (?) said, "If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees)” [2217] Narrated by Bukhari (2204), and Muslim (1043) .

Point of Extrapolation from the Hadith
The Hadith indicates that the fruits from the pollinated date palm tree belong to the seller, and trees other than the palm tree would be included in this ruling by analogy, so whatever becomes apparent from its fruit would belong to the seller [2218] (Bidayat al-Mujtahid) by Ibn Rushd  (2/189)/ (Al-Muntaqa) by Al-Baji (4/215), (Al-Mubdi') by Burhan al-Din Ibn Muflih (4/55), (Nihayat al-Muhtaj) by Al-Ramli (4/140)/( Zarrrq’s commentary on al-Risalah(2/765). .

2- Selling a fruit tree if its fruits are not visible
Whoever sells a fruit tree and its fruits aren’t visible, then its fruits are for the buyer, and this is the opinion of the majority of jurists [2219] Ibn Rushd said: The majority of jurists are of the opinion that whoever sells a date palm tree that has fruits before it’s been pollinated, then its fruits are for the buyer. And if the sale is after pollination then its fruits are for the seller, except if the buyer were to stipulate it and all the fruits in this context are in the meaning of date-palm trees (Bidyat Al-Mujtahid) (2/179). : The Malikis [2220] (Sharh al-Zurqani on Mukhtasar Khalil and the Hashiyah of Al-Banani) (5/326). (Al-Sharh al-Kabir for Al-Dardir and the hashiyah of Al-Dusuqi)(3/172). (Minah al-Jalil0 by 'Ulaysh (5/272). , Shafis [2221] (Tuhfat al-Muhtaj) by Ibn Hajar Al-haytimi (4/455) (Nihayat al-Muhtaj) by Al-Ramli (4/140). , and Hanbalis [2222] (Al-Mubdi') by Burhan al-Din Ibn Muflih (4/5), (Al-Insaf) by Al-Mardawi (5/50/), (Kashaf al-Qina') by Al-Buhuti(3/280).   .

Evidence from the Sunnah:
Abdullah ibn Umar (May Allah be pleased with them both) narrated that the Messenger of Allah (?) said, "If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees)” [2223] Narrated by Bukhari (2204), and Muslim (1043) .

Point of Extrapolation from the Hadith
The Hadith indicates that the fruits from the pollinated date palm tree belong to the seller, and trees other than the palm tree would be included in this ruling by analogy [2224] (Bidayat al-Mujtahid) by Ibn Rushd (2/189),(Nihayat al-Muhtaj) by Al-Ramli(4/139),( Zarrrq’s commentary on al-Risalah(2/765). .