Hadith 37391

Yahya said, "I heard Malik say that if a man pledges his gardenfor a stated period and the fruits of that garden are ready before theend of that period, the fruits are not included in the pledge with thereal estate, unless it is stipulated by the pledger in his pledge.However, if a man receives a slave-girl as a pledge and she ispregnant or she becomes pregnant after his taking her as a pledge, herchild is included with her."A distinction is made betweenthe fruit and the child of the slave-girl. The Messenger of Allah, mayAllah bless him and grant him peace, said, 'If someone sells a palmwhich has been pollinated, the fruit belongs to the seller unless thebuyer stipulates its inclusion.' The undisputed way of doing things inour community is that if a man sells a slave-girl or an animal with afoetus in its womb, the foetus belongs to the buyer, whether or notthe buyer stipulates it. The palm is not like the animal. Fruit is notlike the foetus in its mother's womb. Part of what clarifies that isalso that it is the usage of people to have a man pawn the fruit ofthe palm apart from the palm. No one pawns the foetus in its mother'swomb whether of slaves or animals."