until it is gathered, unless the buyer has stipulated otherwise (1). The same rule applies to grapevines, mulberry and pomegranate trees and the like, and to whatever forms from their blossom, such as apricots, or from their buds (2), such as roses and cotton. Anything prior to that stage—like the leaves—belongs to the purchaser.

Fruit may not be sold before the first signs of ripeness appear, nor grain (3) before the kernels have hardened, nor green vegetables, cucumbers and the like once severed from their roots, except on condition that they be cut at once, or that they be sold cutting by cutting or picking by picking; in all such cases the work of harvesting and gathering rests with the buyer.

If someone purchases fruit that has not ripened on the condition that it be cut and then leaves it until it grows, or buys fresh dates in an ʿariyya sale and lets them remain until they turn into dry dates, the sale is void. This is not so, however, when—after the originally purchased fruit has ripened—other fruit appears, even if the two become mixed; in that situation the parties come to an amicable settlement (4).

Once ripeness has appeared, its sale is valid without restriction and even with the proviso that the fruit remain on the tree. The seller is responsible for watering it whenever it needs water, even if the roots are thereby harmed. Should the crop perish through a natural calamity, the loss is on the seller; but if it is lost through human action, the buyer may choose whether to proceed or to rescind.

The ripening of part of one tree counts as ripeness for the whole species in the orchard. The mark of ripeness for dates and grapes is that they taste sweet and their maturity is evident; for cucumbers and the like, that they are commonly eaten; and for grain, that the kernels harden or whiten.

The sale (5) of a riding animal automatically includes its nose-band (6) and halter; the sale of a slave includes the clothing he ordinarily wears, but not garments kept for adornment, nor any property he possesses, unless this is expressly stipulated.