hold that he becomes liable for it upon taking possession under an invalid contract. If it perishes in this case, the loss is his to bear, because goods received under an invalid contract are the purchaser’s liability. Yet they must assess that liability at its value when it perished. It may perish when it first appears, while its value is small, or after it has begun to ripen.

This presents a particularly compelling objection to their position: if he purchases the fruit after it has begun to ripen, with the right to leave it on the trees, many of its constituent parts and qualities have not yet come into existence. If it then perishes through a calamity, and we do not relieve him of the resulting loss, he must be liable only for what he has taken possession of, not for what has yet to come into existence and of which he has not taken possession. Its value when the calamity struck must therefore be assessed and compared proportionately with its value when it first showed signs of ripening. He is then liable for the corresponding proportion of the price. This is like someone who has taken possession of only part of the goods purchased, or received only part of the benefit due under a lease: he is liable for what he has received, not for what he has yet to receive. But to make him bear liability for nonexistent parts and qualities that have not yet been created is contrary to the principles of Islam. It is manifest injustice, with no justification.

Anyone who holds this position must also hold that if someone purchases fruit before it shows signs of ripening and takes possession of its trees, but none of the fruit comes into existence because a blight prevents the blossoms from emerging, he remains liable to the seller for the entire price. This is contrary to the revealed text and scholarly consensus.

He must also hold that if the fruit begins to ripen under an invalid contract and then perishes through a natural calamity, the purchaser is liable for all the fruit, just as, in his view, he would be under a valid contract. For whatever becomes his liability upon taking possession under one of the two contracts