The second position permits it; this is the view of Abū al-Khattāb.

Al-Layth went further than these authorities, saying: “The ripening of one kind—such as apples or almonds—counts as ripening for all other kinds of fruit.”

The basis of those who permit any of this is that practical need calls for it, since selling some of the fruit but not the rest would lead to the difficulties of joint ownership and divided control. This is the rationale of those who distinguish between a single orchard and several orchards. Those who treat them alike argue that the objective is assurance against blight, which is attained once the fruit begins to ripen.

The basis of those who prohibit it is that the Prophet’s statement, peace and blessings be upon him, “until their ripeness becomes apparent,” requires the ripeness of all the fruit to become apparent.

The point of citing these positions is that whoever permits the sale of an orchard containing a single kind of fruit once some of it has begun to ripen should, by the analogical implication of his position, permit the sale of a cucumber and melon patch once some of its produce has begun to ripen. The produce that does not yet exist in the patch is analogous to the as-yet nonexistent parts of a fruit. Indeed, practical need calls for this even more strongly, since selling trees separately is easier than separating individual melons, snake cucumbers, and cucumbers. Even if distinguishing one picking from the next were not burdensome, it is not a matter that can be precisely regulated, for people’s judgments concerning it vary.

The point is that Ahmad’s principles entail agreement with Mālik on these issues, as may be reported from Ahmad in some of his answers or may have been derived by his followers from his principles. Just as a scholar from among the Companions, the Successors, and the leading imams often holds two positions on a single issue at two different times, so too may he