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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does the land follow the trees in a declaration of ownership?

Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. If a man declares that a date palm grove belongs to so-and-so, and the date palms later perish, is it valid for him to plant a new grove in their place? We have heard that if he declares ownership of trees, the land does not follow the trees, because the land is the root and the trees are the branch, and the root does not follow the branch; rather, the opposite is the case.

Answer:
The branch is what follows the trees. So if he declares ownership of land that has trees on it, the trees follow the land and belong to the one to whom it was declared. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [2751 -2802] هل الأرض تتبع الشجر في الإقرار؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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