the hadith of Abū Hurayrah cited in this book—“They neither look at them nor receive information about them”—there is clear evidence that receiving information about goods is equivalent to seeing them. If one person may pay another in advance for the future delivery of a garment or a slave of a specified description, without this constituting undue uncertainty, then he may also purchase such an item on the basis of a description without this constituting undue uncertainty, since there is no difference between the two cases.
Further evidence that selling goods by description is permissible is the statement of the Messenger of Allah (peace and blessings be upon him): “Do not sell grain in its ears until it turns white within its husks.” If grain that remains unseen within its husks may be sold, when present, on the basis of a description of some kernels rubbed out of the ears, then it may also be purchased by description when absent. For when the goods are absent, there is no difference between selling them by description and selling them on the basis of a sample shown to the buyer. This hadith also supports the permissibility of selling carrots, radishes, and similar produce concealed underground: some may be pulled up to indicate the condition of the rest, and their aboveground growth also provides an indication of their condition.
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This also includes selling walnuts, almonds, and broad beans in their outer coverings. Mālik and his followers permitted this, contrary to al-Shāfi‘ī and Abū Hanīfah—may Allah be pleased with them both. Our evidence is the saying of Allah Most High:
“Allah has permitted trade and forbidden usury.” [al-Baqarah: 275]
Furthermore, these are edible foods enclosed in their natural coverings, so selling them is permissible, just as selling pomegranates and bananas is permissible. Necessity also calls for this, since people need to sell such produce fresh: not everyone can dry it, and removing its covering spoils it. Thus, permitting its sale is the only remaining course. Nevertheless, one may not dispense with inspection and rely solely on a description unless necessity requires it, because inspection provides fuller knowledge than description. The Messenger of Allah (peace and blessings be upon him) said: “Seeing for oneself is not like being told.”