If the seller expressly excludes the unpollinated fruit—or part of it—from the sale, it remains his by virtue of that condition.

If the purchaser stipulates that the already-pollinated fruit be included in the contract, it becomes his in accordance with his stipulation.

When part of the crop has been pollinated and part has not, each portion carries its own ruling, for a legal ruling revolves around the presence or absence of its underlying cause. This is the preponderant opinion.

The permissibility of stipulating only a portion of the fruit is inferred from the omission of the direct object in the ḥadith phrase, “unless the purchaser stipulates,” for the wording applies equally to the whole and to any part thereof.

If even some pollination has taken place on a single palm, all of that palm’s fruit belongs to the seller, because the remainder follows what has already been pollinated.

Jurists extend this ruling to every transaction that transfers ownership. Thus, if pollinated palms are given as consideration in a reconciliation settlement, as a reward, a dowry, compensation in a khulʿ divorce, wages for a worker, a gift, or any other conveyance of title, the same rule applies.

When the fruit is included in the sale because the palms were bought before pollination, or because the buyer stipulated its inclusion after pollination, this technically constitutes a sale of fruit before its suitability becomes apparent. It is nevertheless permitted, for it is ancillary to its principal and not an independent sale. The legal maxim states, “What may not be sold on its own may be sold as an appendage,” and this is one such case.
Shaykh al-Islam said: “Selling a crop on the condition that it remain standing is unanimously forbidden; purchasing it on the condition that it be cut immediately is unanimously permissible. If it is sold without any condition, the majority of scholars regard it as impermissible, for the Prophet ﷺ forbade the sale of grain until it hardens.”

Any conditions set by the seller or the buyer in a sale are to be considered valid and enforceable, for ‘Muslims are bound by their conditions, and rights are determined by those conditions.’