كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1496
Yahya said, "I heard Malik say that if a man pledges his garden
for a stated period and the fruits of that garden are ready before the
end of that period, the fruits are not included in the pledge with the
real estate, unless it is stipulated by the pledger in his pledge.
However, if a man receives a slave-girl as a pledge and she is
pregnant or she becomes pregnant after his taking her as a pledge, her
child is included with her.
"A distinction is made between
the fruit and the child of the slave-girl. The Messenger of Allah, may
Allah bless him and grant him peace, said, 'If someone sells a palm
which has been pollinated, the fruit belongs to the seller unless the
buyer stipulates its inclusion.' The undisputed way of doing things in
our community is that if a man sells a slave-girl or an animal with a
foetus in its womb, the foetus belongs to the buyer, whether or not
the buyer stipulates it. The palm is not like the animal. Fruit is not
like the foetus in its mother's womb. Part of what clarifies that is
also that it is the usage of people to have a man pawn the fruit of
the palm apart from the palm. No one pawns the foetus in its mother's
womb whether of slaves or animals."
| Reference | : Muwatta Malik 1496 |
| In-book reference | : Book 36, Hadith 35674 |
| USC-MSA web (English) reference | : Book 7, Hadith 1496 |
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