Section
It is permissible to sell fruit once the first signs of ripeness have appeared—whether unconditionally, on condition that it be harvested, or on condition that it be left on the tree. Before that point, if the fruit is sold separately from the tree, the sale is valid only when harvesting is stipulated and the harvested produce is of some benefit, unlike unripe pears, for example. One view says that if the tree already belongs to the purchaser, the sale is lawful without any stipulation.

I say: If the tree belongs to the buyer and we nevertheless required harvesting, carrying out that stipulation is not binding. Allah knows best.

If the fruit is sold together with the tree, the sale is valid without any stipulation, but it is invalid if it is accompanied by a condition that the fruit be cut off.

It is forbidden to sell green crops still standing in the ground unless cutting is stipulated. If they are sold together with the land, or after the grain has hardened, the sale is permissible without stipulation.

For the valid sale of such crops—and for fruit after the onset of ripeness—the intended produce must be visible, as in figs, grapes, and barley. Produce whose kernels cannot yet be seen, such as wheat or lentils while still in the ear, may not be sold either apart from their husks or together with them while fresh. There is no objection to produce whose outer covering is not normally removed until the time of eating. Items with two coverings—such as walnuts, almonds, and fava beans—may be sold in their inner shell but not in the outer; another opinion allows the sale if the produce is still moist.

The criterion for the first signs of ripeness in dates is the emergence of initial softness and sweetness in varieties that do not change colour, and in other varieties when they begin to redden or turn black. The appearance of ripeness in part of the crop, even a small part, is sufficient. If someone sells the produce of one orchard—or of several—and ripeness has appeared in part of it, the ruling is as stated earlier regarding pollination.

Whoever sells produce that has begun to ripen must water it both before and after placing it at the buyer’s disposal, after which the purchaser may dispose of it as he wishes. If, after delivery, a calamity such as hail occurs, the more reliable opinion is that liability rests with the buyer. Should damage occur because the seller neglected irrigation, the buyer may either uphold or cancel the contract. When fruit is sold before ripeness on the condition that it be cut, yet it is not cut before perishing, the liability rests even more clearly with the buyer.

If produce whose later yield commonly merges with what is already present—such as figs or cucumbers—is sold, the sale is invalid unless the seller stipulates that the buyer harvest it. Where such mixing is rare, the sounder view is that the sale is not annulled; rather, the buyer is given the choice, and if the seller foregoes his right to the new fruit, that option lapses, according to the sounder opinion.

It is invalid to sell wheat in its ear for cleaned wheat—a transaction called muḥāqala—or to sell fresh dates