a particular orchard once its fruit has become sound, at a price to be paid immediately or on deferred terms, provided that he has begun to take delivery. If he has already taken possession of part of what he purchased and the orchard’s fruit is afterward struck by blight before he receives the rest, he may recover only the value of his principal outlay; he is not allowed to annul what remains of the contract because the payment is deferred. Some of Mālik’s students permitted such a cancellation, but the first view is Mālik’s own.
Beds of maqāthī (melons) and sugarcane may be sold once the earliest fruit shows soundness, develops good flavor, and has been eaten. When that is the case, Mālik allows the sale to include whatever the patch will continue to yield until the end of the season. The same ruling applies to roses and jasmine, yet none of these may be sold on a multi-year basis.
Bananas, in their view, may be sold from one year to the next; the contract must stipulate a fixed term that ends when the first of the fruit ripens. They do not, however, permit selling what a melon patch will produce for one month or for any other specified period.
Vegetables may be sold once their soundness is evident and some has already been eaten, provided that cutting or uprooting part of them does not damage what remains, as we explained earlier concerning radishes and onions.