intended; rather, its scope is restricted by the evidence we have mentioned, which qualifies general statements of this kind. Indeed, the Sunnah and scholarly consensus exclude fruit sold together with its trees from this general prohibition, for the Prophet, may Allah bless him and grant him peace, said:

“Whoever buys date palms that have not been pollinated, their fruit belongs to the seller unless the buyer stipulates otherwise.”

Both al-Bukhārī and Muslim recorded this from Ibn ‘Umar. Thus, he assigned the fruit to the buyer if he stipulated its inclusion after pollination. Yet it is well known that its soundness has not become apparent at that point and that selling it separately is impermissible.

According to the majority of jurists across the various schools, when a general statement has been qualified by a revealed text or scholarly consensus, analogous cases may also be excluded from its scope. Its scope may likewise be restricted by consensus and strong analogy. We have already cited reports from the early generations and considerations that would restrict such a statement, were it general in scope.

Or through hardening without a change of color, as with walnuts and almonds. The ways in which the soundness of fruit becomes apparent vary: sometimes through becoming moist after being dry, sometimes through drying after being moist, sometimes through softening, and sometimes through changing color to red, yellow, or white. Sometimes its color does not change.

Since he prohibited selling fruit until it turns red or yellow, it is clear that this wording does not encompass every kind of fruit. It encompasses only those kinds that turn red or yellow. Indeed, the wording has also been expressly qualified as referring to date palms.

Reflect, then, on what we have explained concerning this issue, for it is immensely beneficial in this matter, which affects people so widely, and in similar cases. Consider the general scope of the words of Allah, Mighty and Majestic, and His Messenger, both in wording and meaning, so that you give it its due. And the best evidence you can adduce