عن عبد الله بن عمر رضي الله عنه مرفوعًا: «من باع نخلًا قد أُبِّرَتْ فَثَمَرُهَا للبائع، إلا أن يشترط المُبْتَاعُ». وفي رواية: «ومن ابْتَاعَ عبدا فمالُه للذي باعه إلا أن يشترط المُبْتَاعُ».
He determined that pollination and its fruits belong to the seller, for he is the one who did the work that was required for this. However, if the buyer stipulates that the fruits shall be for him, though the palm trees have been pollinated, and the seller agrees, then they should abide by this condition. The same applies to a slave who is granted some property by his master. If his master sells him, the property shall go back to the seller, for it is not covered by the sales contract.
However, if the buyer stipulates that he shall take all or part of the slave's property, this shall be part of the contract.
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