does not invalidate the sale, just as grain may be sold in its ears, and walnuts and almonds within their two shells. Selling all these is permissible according to the great majority of earlier and later Muslim scholars, including Abū Hanīfa, Mālik and Ahmad, and according to one view within the school of al-Shāfiʿī. This has been the practice of Muslims from the time of their Prophet until the present, in every age and land. This is supported by the report:

“The Prophet, may Allah bless him and grant him peace, prohibited selling grain until it hardens, and selling grapes until they turn black.”

This indicates that grain may be sold once it has hardened, just as his prohibition of selling fruit before its ripeness becomes apparent indicates that it may be sold once its ripeness becomes apparent. Moreover, this is not a sale involving undue uncertainty, since its characteristics are known through customary practice.

As for selling carrots, turnips, radishes, taro and similar crops, there are two well-known views:

The first is that they may not be sold until they have been uprooted, on the grounds that they are concealed and have neither been seen nor described, like other goods not present that have neither been seen nor described. This is the position of Abū Hanīfa and al-Shāfiʿī, and the best-known position within Ahmad’s school.

The second is that they may be sold if the buyer has inspected what is visible of them in the customary manner. This is Mālik’s view and one view within Ahmad’s school. It is the sounder of the two views and has been the practice of Muslims in earlier and later times. People’s interests cannot be adequately served otherwise, for delaying their sale until they are uprooted is sometimes impossible and sometimes difficult, and leads to