permissible, because the Prophet ﷺ forbade the sale of fruit until its ripeness has become apparent. (1)

Thus, the sounder view in this issue is that fruit may not be sold before its ripeness has become apparent, even to the owner of the underlying property; and crops may not be sold before their grain has hardened, even to the owner of the underlying property.

“Or one cutting at a time, or one picking at a time, with harvesting and picking being the purchaser’s responsibility. But if he sells it without qualification, or stipulates that it remain...”

His statement, “or one cutting at a time”: We mentioned that fresh fodder means clover, known as barseem or qatt—two familiar terms.

For example, he says, “I sell you this clover one cutting at a time,” meaning that you will cut it now. If the purchaser agrees, this is permissible, because it will be cut before it grows further, and there is no uncertainty in it, since it is visible and known. However, as mentioned previously, the cutting must be done immediately.

The correct view is that customary practice is to be followed in this regard. It may be cut immediately, or it may be delayed for ten days, because the area is extensive and it is cut day after day.

His statement, “or one picking at a time”: Picking differs from cutting. Produce that is picked includes eggplants, cucumbers, squash, okra, cowpeas, and the like. Such produce may be sold one picking at a time; that is, he sells the picking that is presently available. As for what has not yet appeared, it is unknown and falls under the Prophet’s ﷺ prohibition of sales involving uncertainty. (2)

His statement, “with harvesting and picking being the purchaser’s responsibility”: Harvesting applies to crops; picking applies to cucumbers and the like; and cutting fruit from date palms applies to date palms and the like. This is the responsibility of