and others. If he sells it [the fruit] to him on the condition of cutting it immediately, it is valid in one view, and the buyer is not obligated to fulfill the condition because the root belongs to him.
Section: It is not permissible to sell green crops in the land unless on the condition of immediate cutting, as we mentioned regarding fruit on the roots. This is based on what Muslim (10) narrated from Ibn Umar, that the Prophet—peace and blessings of Allah be upon him—forbade the sale of palm trees until they show signs of ripening (11), and the sale of spikes of grain until they whiten and are safe from blight. He forbade both the seller and the buyer. Ibn al-Mundhir said: "I do not know anyone who deviates from adopting this opinion." It is the opinion of Malik, the people of Medina, the people of Basra, the scholars of Hadith, and the scholars of Ra'y (reasoning). If he sells it along with the land, it is permissible, just like the sale of fruit with the root. If he sells it to the owner of the land, there are two opinions regarding this, based on what we mentioned regarding fruit sold to the owner of the root. Abu al-Khattab said: "It is permissible." If he sells it to him on the condition of cutting, it is permissible according to one view, and the buyer is not obligated to fulfill the condition because the root belongs to him; it is like the sale of fruit to the owner of the root on the condition of cutting. When the grain of the crop hardens, its sale is permitted unconditionally, or on the condition of letting it remain, due to the Prophet's—peace and blessings of Allah be upon him—saying in the hadith: "Until they whiten." He established that as the limit for the prohibition of their sale, which indicates permissibility after that. In another narration, the Prophet—peace and blessings of Allah be upon him—forbade the sale of grapes until they turn black, and the sale of grain until it hardens (12). And because when its grain hardens, its suitability has appeared, so it becomes like fruit when its suitability has appeared.
(10) In: The Chapter on the Prohibition of Selling Fruits Before Their Suitability Appears..., from the Book of Sales. Sahih Muslim 3/1165, 1166. It was also recorded by Abu Dawud, in: The Chapter on Selling Fruits Before Their Suitability Appears..., from the Book of Sales. Sunan Abi Dawud 2/227. And al-Tirmidhi, in: The Chapter on What Has Been Reported Regarding the Dislike of Selling Fruit Until Its Suitability Appears, from the Chapters on Sales. 'Aridat al-Ahwadhi 5/234. And al-Nasa'i, in: The Chapter on the Sale of Spikes of Grain Until They Whiten, from the Book of Sales. Al-Mujtaba 7/238. And Imam Ahmad, in: Al-Musnad 2/5. (11) In [M]: "yuzha" (a variation of the verb for ripening). (12) Recorded by Abu Dawud, in: The Chapter on Selling Fruits Before Their Suitability Appears, from the Book of Sales. Sunan Abi Dawud 2/227. And al-Tirmidhi, in: The Chapter on What Has Been Reported Regarding the Dislike of Selling Fruit Until Its Suitability Appears, from the Chapters on Sales. 'Aridat al-Ahwadhi 5/236. And Ibn Majah, in: The Chapter on the Prohibition of Selling Fruits Before Their Suitability Appears, from the Book of Commerce. Sunan Ibn Majah 2/747. And Imam Ahmad, in: Al-Musnad 3/221, 250.
