He answered:

Praise be to Allah. Al-Shāfiʿī’s explicitly stated position is that these sales are not permissible. The majority of scholars, however, hold otherwise, and theirs is the correct view.

As for the first type of sale, the three imams—Mālik, Abū Hanīfah and Ahmad—as well as other scholars hold that it is valid. This has also been reported as a view of al-Shāfiʿī, for during his final illness he purchased fresh green broad beans. This has been the established practice since the time of the Prophet—may Allah bless him and grant him peace—his Companions and the Successors, throughout all periods and lands.

“The Prophet—may Allah bless him and grant him peace—forbade selling grain until it hardened, and selling grapes until they darkened.”

This indicates that grain may be sold once it has hardened, even while still in its ears. Yet according to those who prohibit selling broad beans in their pods, this would not be permissible. Hence al-Tarsūsī and others counted the prohibition of selling broad beans among newly introduced innovations, for none of the early generations is known to have prohibited it.

Those who prohibit it base their argument on:

“The Prophet’s prohibition—may Allah bless him and grant him peace—of sales involving uncertainty.”

They therefore supposed that the goods in question were unknown. But this is not so: these goods can be assessed just like other goods offered for sale, whose whole is judged by inspecting a part.

Likewise, the well-known position in al-Shāfiʿī’s school is that contracts require verbal formulas, so a sale concluded by exchanging goods and payment without a verbal agreement is not valid. The majority, however, disagree. Mālik’s position is that whatever people regard as a sale is a sale. Thus, sale by such an exchange is permissible in small transactions