and large ones. This is also the apparent position of Ahmad’s school. Abū Hanīfah’s position permits this in transactions involving items of little value. This is also another view within Ahmad’s school and the view of a group of al-Shāfi‘ī’s followers.

Moreover, contracts are governed by people’s customary usage. Whatever people regard as a sale, a lease or a gift is accordingly a sale, a lease or a gift, for these terms have no fixed definition in either language or Islamic law. Any term without a fixed definition in language or Islamic law is defined by customary usage.

As for selling produce concealed underground, such as carrots, turnips and taro, Mālik’s position permits it, and this is also one view within Ahmad’s school. Abū Hanīfah and al-Shāfi‘ī, along with Ahmad according to his well-known position, hold that it is impermissible. The first view—that selling such produce is permissible—is more correct. When experienced people see its visible leaves and other parts, these indicate to them the condition of the rest.

Furthermore, people need these transactions, and the Lawgiver does not prohibit sales that people need merely because they involve some uncertainty. Rather, He permits what is needed in this regard, just as He permitted selling fruit before its ripeness becomes apparent, leaving it until harvest, even though some of what is sold has not yet come into existence. Likewise, He permitted the purchaser to stipulate that the fruit of pollinated date palms be included in the purchase. This is a purchase of fruit before its ripeness becomes apparent, but it is incidental to the purchase of the tree. He also permitted ‘arāyā sales—exchanging fresh dates on the palms for dried dates—on the basis of an estimate, thus allowing estimation to take the place of measurement by volume