the fruit that is appurtenant to its tree, as when the Prophet—peace and blessings be upon him—said: “Whoever purchases date palms [that have not been pollinated], their fruit belongs to the seller unless the buyer stipulates otherwise.” Al-Bukhārī and Muslim both narrated it from Ibn Umar. Thus, he assigned the fruit to the buyer when the buyer stipulated for it after pollination. It is known that, at that point, its ripeness had not yet become apparent and that it could not be sold separately.

When a general expression has been restricted by an explicit text or consensus, the majority of jurists across the various schools hold that another case sharing the same rationale may also be excluded from its scope. It may likewise be restricted by consensus or by a strong analogy. We have already cited reports from the early generations and relevant considerations sufficient to restrict an expression of this kind, were it general. Ripeness may also become apparent through hardening without any change in color, as with walnuts and almonds. The signs by which ripeness becomes apparent therefore vary among fruits: sometimes by becoming moist after dryness, sometimes by drying after moisture, sometimes by changing color to red, yellow, or white, and sometimes without any color change.

Since he prohibited the sale of fruit until it turned red or yellow, it is clear that this wording did not encompass every kind of fruit. It encompasses only fruit that turns red or yellow; moreover, it has been reported with a qualification specifying date palms.

Reflect carefully upon what we have explained concerning this matter, for it is of immense benefit in this [issue], which has become a widespread concern, and in analogous cases. Examine the general scope of the words of Allah and His Messenger—in both wording and meaning—so that you give it its due. The best evidence by which to determine its meaning is the reports of the Companions, who best understood its intended import. Properly grasping this ensures harmony among the principles of the Sharia and ensures that it proceeds according to the established principles set forth in the words of Allah Most High: “who enjoins upon them what is right and forbids them what is wrong, makes lawful for them the good things and forbids them the evil things, and relieves them of their burden and the shackles that were upon them” [al-A‘rāf: 157] [al-A‘rāf: 157].