For if it were said, “Do not sell eggs unless you crack them open, or do not sell oranges unless you open them,” they would be ruined and spoiled. But if the buyer says, “I will not purchase until you cut open the watermelon”—what is customarily called “on the knife”—is this valid?
We say: Yes, it is valid, because this is a specific transaction. Some vendors nowadays, especially watermelon sellers, open one and display it before the people. They see that it is red—that is, of good quality. This resembles a sale by sample. If he then buys one, takes it home, and opens it only to find it white, does he have the right to return it to the seller? Apparently, he does have the right to return it. Although this was not stipulated verbally, it is an implied stipulation established by conduct, as though the seller were saying to the people: “This watermelon is of this quality.”
His statement: “And the sale of broad beans and the like in their pods.” Broad beans are fava beans. Chickpeas, walnuts, and almonds are well known; in all of them, the edible part is inside.
His statement: “And grain that has hardened,” meaning, that which has become firm.
His statement: “In its ears.” Here, “in” means “with.” If he sells the grain alone, without its husk, then according to the author’s view, the sale is invalid. He says: because it is like selling date pits separately. It has previously been stated that selling date pits on their own is impermissible. Accordingly, selling grain separately from its husk is impermissible.
The evidence for the validity of selling these things together with their husks is as follows:
First: the sunnah—the Prophet, peace and blessings be upon him, forbade the sale of grain until it hardens.