The Messenger of Allah ﷺ said, "Whoever sells palm trees that have already been pollinated, the fruit belongs to the seller unless the buyer stipulates otherwise."
أن رسول الله ﷺ قال: من باع نخلا قد أبرت، فثمرها للبائع إلا أن يشترط المبتاع.
Malik narrated it in "Sales" (9) from Nafi, from Ibn Umar. Bukhari narrated it in "Sales" (2204), and Muslim in "Sales" (1543:77), both by way of Malik with the same chain.This hadith has been narrated from Nafi, from Ibn Umar, through several routes, one of which is this. Another is what Ubaydullah narrated from Nafi, from Ibn Umar, as a raised hadith with the wording, "Whatever palm trees are purchased with their trunks, when they have already been pollinated, their fruit belongs to the one who pollinated them, unless the buyer stipulates otherwise." Muslim narrated it (78) through several routes from Ubaydullah with the same chain.Another is what Layth narrated from Nafi, from Ibn Umar, as a raised hadith with the wording, "Whoever pollinates palm trees and then sells the trunks, the fruit of the palms belongs to the one who pollinated them, unless the buyer stipulates otherwise." Muslim narrated it (78) through several routes from Layth with the same chain.Another is what Ayub narrated from Nafi, from Ibn Umar, as a raised hadith with the wording, "Whoever sells palm trees that have already been pollinated, their fruit belongs to the seller, unless the buyer stipulates otherwise." Ahmad narrated it (4502) from Ismail, from Ayub with the same chain. Muslim also narrated it through the route of Ismail and others, except that he did not mention the wording of the hadith, but instead referred back to the wording of Layth's hadith.Another is what Ibn Abu Mulayka narrated from Nafi, the freedman of Ibn Umar, "that whatever palm trees are sold after being pollinated, the fruit not having been mentioned, the fruit belongs to the one who pollinated them, and likewise for the slave and the crop." Nafi named these three examples for him. Bukhari narrated it in "Sales" (2203), saying, Ibrahim told me, Hisham informed us, Ibn Jurayj informed us, saying, I heard Ibn Abu Mulayka, and he mentioned it as stopped at Nafi.Another is what Shubah narrated, saying, I heard Abd Rabbih bin Saeed relating from Nafi, from Ibn Umar, that the Messenger of Allah ﷺ said, "Whatever man sells palm trees that have already been pollinated, their fruit belongs to the first owner, and whatever man sells a slave who has property, his property belongs to the first master, unless the buyer stipulates otherwise." Ahmad narrated it (5491), Ibn Majah (2212), and Nasai in "Kubra" (4982), all of them from the hadith of Muhammad bin Jafar, who said, Shubah told us, and he related it. Shubah said, I related to him the hadith of Ayub, from Nafi, that he related the matter of the palm trees from the Prophet ﷺ, and the matter of the slave from Umar. Abd Rabbih said, I only know both of them as being from the Prophet ﷺ. Then he said another time, so he related it from the Prophet ﷺ, without any doubt.Perhaps the error in this lies with Abd Rabbih bin Saeed Ansari, in raising both stories to the level of a hadith from Nafi. What is preserved is that Nafi raised the story of the palm trees to that level, but left the story of the slave as stopped, as Bukhari mentioned it.Another is what Malik narrated in "Sales" (2) from Nafi, from Ibn Umar, from Umar, who said, "Whoever sells a slave who has property, his property belongs to the seller, unless the buyer stipulates otherwise." Bayhaqi narrated it (5/324) through his route in this way, as stopped at Umar bin Khattab.However, Abu Dawud narrated it (3434) from Qanabi, from Malik with his chain, from Umar, from the Messenger of Allah ﷺ, with the story of the slave, making it a raised hadith. Abu Dawud said, "Zuhri and Nafi differed regarding four hadiths, this being one of them." The correct view is that it is stopped at Umar bin Khattab. Munziri also said this, attributing it to Nasai in "Kubra" (4986), and Bukhari mentioned it with a suspended chain.Muhammad bin Ishaq alone narrated it, relating from Nafi, from Ibn Umar, from Umar, as a raised hadith with the wording, "Whoever buys pollinated palm trees, their fruit belongs to the first seller, unless the buyer stipulates otherwise, and whoever sells a slave who has property, his property belongs to the seller, unless the buyer stipulates otherwise." Nasai narrated it in "Kubra" (4989).It was likewise narrated from Zuhri, from Salim, from his father, from Umar. Nasai also narrated it in "Kubra" through the route of Sufyan bin Husayn, from Zuhri. The companions of Zuhri narrate it from Ibn Umar.