before its grain hardens, while it is undivided, it is not permissible, whether he bought it from one man or more than one, and whether he stipulated cutting it or did not stipulate it; because he cannot cut it without cutting what he does not own, so the stipulation of doing so is not valid.

Section: Cotton is of two types. The first is that which has a root that remains in the ground for years, like trees whose fruit repeats. The ruling for this is the ruling for trees, in that it is valid to sell it separately. If the land is sold with its rights, it enters into the sale, and its fruit is like the spathe (of a palm tree): if it opens, it is for the seller, otherwise it is for the buyer. The second is that whose planting repeats every year, so its ruling is the ruling of crops. Whenever its nuts (bolls) are weak and moist, and what is inside them is not strong, it is not permissible to sell it except with the condition of cutting, like green crops. If its nuts (bolls) strengthen and harden, it is permissible to sell it with the condition of leaving it, like a crop whose grain has hardened. If the land is sold, it does not enter into the sale unless the buyer stipulates it. Eggplants are of two types: the first is that which has a plant whose roots remain and its fruit repeats, so it is like trees. The second is that whose planting repeats every year, so it is like wheat and barley.

723- Issue: He said: "If he leaves it until its suitability appears, the sale is void."

There is a difference of opinion in the narration from Ahmad, may Allah have mercy on him, regarding someone who bought fruit before its suitability appeared, then left it until its suitability appeared. Hanbal and Abu Talib reported from him that the sale is void. The Qadi said: "This is the more correct [view]." Based on this, the buyer returns the fruit to the seller and takes back the price. Ahmad ibn Sa'id reported that the sale does not become void. This is the opinion of most jurists, because the most that can be said is that the sold item has mixed with something else, so it is similar to if one bought fruit and other fruit grew and became indistinguishable, or wheat and other wheat was poured onto it, or a garment and it mixed with something else. Abu Dawud reported from him regarding one who bought a green crop (qasil), then it became ill, or he delayed until it became barley. He said: "If he intended a trick by it, the sale is corrupted; otherwise, it is not corrupted." The apparent meaning is that this returns to what Ibn Sa'id reported, for it