any fresh greens, nor in standing crops, nor in dates that have already been cut and harvested on the land. As for pre-emption in dates that are still hanging on the palms before they are cut, it applies only when the fruit is co-owned by partners who hold title to the trees themselves, their partnership not arising through purchase, musāqāt (crop-sharing), or any other form of shared entitlement to the fruit. If one of those partners sells nothing but his own portion, each of the remaining co-owners may claim pre-emption over that sale in proportion to his share.”

This is the position most widely reported from Mālik and represents the settled ruling of his school. A group of his pupils, together with a number of the scholars of Medina, have nonetheless denied the validity of pre-emption in this matter, on the grounds that such fruit is not considered immovable property.