These foods are permitted to someone compelled by necessity because preserving life takes precedence over averting this harm. Moreover, such consumption is temporary and, in a state of dire need, does not have a harmful effect on him. Wrongdoing, however, is forbidden in both small and large amounts. Allah, Most High, has forbidden it to Himself and made it forbidden for His servants. He prohibited usury because it entails wrongdoing: taking an additional amount without giving anything in exchange for it. The prohibition of usury is more emphatic than that of gambling, because the usurer takes a guaranteed gain from someone in need. A gambler, by contrast, may or may not gain: one may win against the other, or the reverse may happen.

“The Prophet, may Allah bless him and grant him peace, prohibited sales involving uncertainty; sales by touch (mulāmasah) or by tossing (munābadhah); selling fruit before it shows signs of ripeness; and habal al-habalah sales.”

He likewise prohibited similar transactions involving an element of gambling. He granted concessions in such matters where need calls for them and they are incidental to something else. Thus, he permitted purchasing fruit once it shows signs of ripeness and leaving it until it fully ripens, even though some of its parts have not yet formed. He also permitted purchasing pollinated date palms together with their new crop if the buyer stipulates its inclusion, even though the fruit has not yet shown signs of ripeness. This is permissible by the consensus of the Muslims. The same applies to all other trees bearing visible fruit.

He assigned the fruit of pollinated date palms to the seller unless the buyer stipulates its inclusion. The tree thus belongs to the buyer, while the seller benefits from it by leaving his fruit on it until harvest.