CHAPTER 44 – THE SALE OF A SLAVE WHO OWNS PROPERTY
Salim’s father, Abdullah (may Allah be pleased with him), narrated from the Messenger of Allah (peace and blessings be upon him) who said:
“Whoever sells a slave possessing property, the property belongs to the seller. Unless the buyer stipulates that he buys the slave along with his property. Whoever sells a grafted date palm tree, its fruit is for the seller. Unless the buyer stipulates that he buys the fruit along with the tree.” [237]
EXPLANATION:
*Müebber*: This means grafted. It refers to a female date palm flower which contains the seed of a male flower and is grafted. A slave cannot possess property. If he has accumulated some property with his master’s permission, then when the slave is sold, the property remains with the seller. However, if the buyer says, “I will buy your slave for so many dinars, but only if you give me his possessions as well,” then the property becomes the buyer's along with the slave. When a tree is sold, and the seller states, "I am selling it with its fruits for such and such a price," then the fruit belongs to the buyer.
Ibn 'Umar, may Allah be pleased with him, narrated the story of the slave, as mentioned previously.
From Ibn 'Umar, who narrated from the Messenger of Allah, peace and blessings be upon him,
the story of the dates as previously recounted.
Abu Dawud said: Zurayr and Nafi differed in four narrations, and one of those four is this narration.
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “If someone sells a slave who has property, the property belongs to the seller. Unless the buyer stipulates that he also takes the property.”