اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 474
be the property of both of them,the contract is void. Hence. 1 if the
trees were the property of the owner of the land they remain his
property even after being brought up, and he should give wages to
theperson who has brought them up. And if they are the property of the
person, who has brought them up, they remain his property even after
being brought up, and he can pullthem out. However, he should fill the
pits which are created as a result of pulling out the trees, and should
give rent to the owner of the land from the date he planted thetrees.
And the owner of the land, too, can compel him to pull out the trees,
and if the trees develop some defect due to their being pulled out the
owner of the land is notresponsible. In case, however, the owner of the
land himself pulls out the trees and they develop defect, he should pay
the difference in the price of defective and soundtrees to the owner of
the trees and the owner of the trees cannot compel the owner of the land
to allow the trees to remain on his land with or without the payment of
rent.And similarly the owner of the land cannot compel the owner of the
trees to let he trees remain on his land with or without the payment of
rent.
PERSONS WHO ARE NOT PERMITTED TO APPROPRIATE THEIR OWN PROPERTY 2260. A child who has not reached the age of
puberty (Baligh) cannot appropriate his own property. Puberty is proved
in one of the three following ways: (i) When aboy completes 15 lunar
years of his age, and a girl completes 9 lunar years of her age (ii)
When stiff hair grow below the navel above the private parts. (iii)
Discharge ofsemen. 2261. Growing of stiff hair on the face, above
the lips, on the chest, and in the armpits, and the voice becoming harsh
etc. are not the signs of ones reaching theage of puberty except that
one may become sure of having reached the age of puberty on account of
these things.
اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 474