The former is like fresh fodder—that is, qat—or what is called alfalfa. The latter is like eggplant, cucumber, and similar produce.
For example, a man buys a cutting or a picking on the condition that it be cut or picked, but he leaves it until it grows. The author says that the sale becomes invalid, because the growth occurring after the contract is unknown, leading to the known becoming mixed with the unknown; and when the unknown is mixed with the known, it becomes unknown. For who can measure the growth of this eggplant, or the growth of this cutting? It therefore remains unknown.
However, there is a difference of opinion on this issue. The correct view is that if the cutting or picking grows with the seller’s consent, the sale does not become invalid. Thus, if the purchaser asks the seller’s permission and says, “I would like you to give me ten or twenty days’ respite, for example, until I dispose of what I have, or until prices rise,” and the seller says, “There is no objection,” and it grows during that period, then the basic principle is that the additional growth belongs to the seller. But the seller has granted permission and said, “There is no objection”; therefore, the sale is valid.
For example, someone buys a picking of watermelon, then says to the seller, “I would like you to give me ten days’ respite until the price rises, because the price is low.” The seller says, “There is no objection.” This small watermelon then grows and becomes large between the time of the contract and its picking. In principle, the increase belongs to the seller, because the purchaser bought it at a known measure. But the seller has granted permission and said, “There is no objection.” Since the seller has consented and waived his right, we say to him, “You are to be thanked for that,” and the seller has no option to rescind.
But if this occurs without his consent—because the purchaser was negligent until it grew large and increased—then the seller has the option: if he wishes, he may uphold the sale, since the additional growth belongs to him; then if he agrees