remains concealed. Nor may alfalfa be sold except one cutting at a time, in accordance with the position of Abū Hanīfa and al-Shāfiī, because selling it otherwise entails uncertainty and amounts to selling fruit before its ripeness has become apparent.

Ahmad’s followers then differed. Most of them applied this ruling without qualification to every crop concealed underground, such as carrots, radishes, onions, and the like, in accordance with the position of [al-Shāfiī and Abū Hanīfa].

Shaykh Abū Muhammad said: “If both the above-ground parts and roots are sought, as with onions sold green, leeks, and radishes, or if only the above-ground parts are sought, it is more appropriate to permit their sale. This is because the intended part is visible, so they resemble trees [and orchards], while whatever has not appeared is included in the sale incidentally. If the roots constitute the greater part of what is sought, however, the crop may not be sold while still in the ground, because the ruling follows the predominant part. If the two are equal, the sale is likewise impermissible, because the basic rule is that the requirement of visibility must be observed; it is waived only for a lesser, incidental part.”

Ahmad’s words admit two interpretations. Abū Dāwūd said: “I asked Ahmad, ‘What about selling carrots while they are still in the ground?’ He replied, ‘They may not be sold until they have been uprooted. This entails uncertainty: it is something the buyer cannot see, so how can he purchase it?’” Thus, he based the ruling on the absence of visibility.

It may therefore be said that unless all of the item is seen, it may not be sold. Alternatively, it may be said that seeing part of the item sold is sufficient when that part indicates the condition of the remainder, just as seeing the face of a slave is sufficient.

They likewise differed regarding cucumber patches when sold together with the plants on which they grow, as is generally customary. A group of later scholars said that this is permissible because selling the plants of vegetables is like selling trees. When a tree bearing fruit whose ripeness has not yet become apparent is sold, the sale is valid; the same therefore applies here. The proponent of this view stated that it is the position of Abū Hanīfa and al-Shāfiī.