prohibited this. If he says nothing, the sale is likewise invalid, because this third scenario falls under the general prohibition of the Prophet ﷺ against selling fruit before its ripeness has become apparent (1). Moreover, an unqualified sale entails allowing the purchaser to leave it standing; and if he leaves it, it reverts to the uncertainty mentioned previously. Hence he said: “If he sells it without qualification—that is, without a condition—or on the condition that it remain,” the sale is invalid. The same applies to crops before their kernels have hardened.

“Or if he buys fruit whose ripeness has not become apparent on the condition that it be cut, then leaves it until its ripeness becomes apparent; or a cutting or a picking, and the two grow; or if he buys fruit whose ripeness has become apparent, then further fruit develops and the two become indistinguishable; or an ariyyah sale and it bears fruit: the sale is invalid, and all of it belongs to the seller.”

His statement, “Or if he buys fruit whose ripeness has not become apparent on the condition that it be cut, then leaves it until its ripeness becomes apparent”: the sale is invalid. That is, he buys fruit before its ripeness becomes apparent, on the condition that it be cut, but then he is negligent and leaves it until its ripeness becomes apparent; in that case, the sale is invalid.

Is the invalidity due to the additional growth that has occurred, or because this could be used as a means of selling fruit before its ripeness becomes apparent?

The answer is the latter. For if we were to regard the sale as valid in this case, it would lead him to employ a stratagem: he would sell the fruit on the condition that it be cut, then leave it until its ripeness becomes apparent, and thus fall into what the Prophet ﷺ prohibited.

If the sale is invalid, what becomes of the price?

The answer is that the purchaser may recover it from the seller if he has already paid it to him; but if he has not paid it, his obligation to pay is waived.

His statement, “Or a cutting or a picking, and the two grow,” means that the sale is invalid. A cutting refers to that which is harvested and cut, while a picking refers to that which is picked.