that has parallels in reports from the Companions and is supported by the meanings of the Quran and Sunnah.

As for gharar (contractual uncertainty), Abū Hanīfah and al-Shāfi‘ī—may Allah be pleased with them both—take the strictest positions concerning it. Al-Shāfi‘ī includes under this heading kinds of transactions that other jurists do not, such as selling grain and fruit within a husk that does not serve as a protective casing: broad beans, walnuts and almonds in their green husks, and grain in its ears. His later position is that this is impermissible, even though he purchased green broad beans during his final illness. A permissive position was therefore inferred from his conduct, and a group of his followers, including Abū Sa‘īd al-Istakhrī, adopted it.

It is related that he was told that the Prophet, may Allah bless him and grant him peace,

“forbade selling grain until it hardens.”

This indicates that it may be sold once it has hardened, even while still in its ears. He replied, “If this is authentic, I would exempt it from the general rule,” or words to that effect. It is likewise reported that he retracted his position prohibiting it.

Ibn al-Mundhir said: “Its permissibility is the position of Mālik and the scholars of Medina, ‘Ubayd Allah ibn al-Hasan and the scholars of Basra, the scholars of hadith, and the jurists of independent reasoning. Al-Shāfi‘ī once held that it was impermissible, but when the hadith of Ibn ‘Umar reached him, he retracted that position and adopted the ruling it indicated.”

Ibn al-Mundhir said: “I know of no one who departs from this view.” Some of al-Shāfi‘ī’s followers mentioned two positions from him, identifying permissibility as his earlier position. He even prohibited