regarding custom in the purchase of palm trees: does the land follow them?
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The questioner : The land, so that one can benefit from the land...?
The Shaykh : That is, if you buy a palm tree and we say that the land does not follow the palm tree because the principal does not follow the branch, the palm tree remains in your land until it bears fruit. You cannot demand that I uproot it; this is known.
The questioner : Does the land not follow?
The Shaykh : No, the custom among us now is: the custom among us is that if the contract is made on the trees, the land follows them. Even the old notaries I hear say: "He sold him the palm trees," or "He sold him his palm trees," and this includes the land. "He sold him such-and-such's palm trees," and this includes his land. But the jurists say: if he sells the principal, the branch follows it; but if he sells the branch, the principal does not follow it unless there is a condition. Yes?
The questioner : Our Shaykh, regarding the topic of salam, like the sale of a car.
The Shaykh : Yes.
The questioner : And the merchant passed by the car, they sat down and said to him: "I want to sell such-and-such car," and he described the type. What is the opinion on it?
The Shaykh : It does not contradict [the rules]. If it has not changed, the contract is permissible on it. But the salam requires that he give him money and not deliver it to him until after a year.
The Shaykh : That is, if you buy a palm tree and we say that the land does not follow the palm tree because the principal does not follow the branch, the palm tree remains in your land until it bears fruit. You cannot demand that I uproot it; this is known.
The questioner : Does the land not follow?
The Shaykh : No, the custom among us now is: the custom among us is that if the contract is made on the trees, the land follows them. Even the old notaries I hear say: "He sold him the palm trees," or "He sold him his palm trees," and this includes the land. "He sold him such-and-such's palm trees," and this includes his land. But the jurists say: if he sells the principal, the branch follows it; but if he sells the branch, the principal does not follow it unless there is a condition. Yes?
The questioner : Our Shaykh, regarding the topic of salam, like the sale of a car.
The Shaykh : Yes.
The questioner : And the merchant passed by the car, they sat down and said to him: "I want to sell such-and-such car," and he described the type. What is the opinion on it?
The Shaykh : It does not contradict [the rules]. If it has not changed, the contract is permissible on it. But the salam requires that he give him money and not deliver it to him until after a year.