It is not valid to interpret Ahmad's statement as a recommendation, for it is not recommended for the seller to take from the buyer what he has no right to; rather, that is forbidden for him, so how could it be recommended! It is narrated from Ahmad that they both give the increase in charity, and this is the view of Al-Thawri and Muhammad ibn al-Hasan, because the substance of the sold item increased through a prohibited method. Al-Thawri said: If he buys fodder, he takes his capital and gives the remainder in charity. Furthermore, because the matter was doubtful regarding this increase and who is entitled to it, it is more appropriate to give it in charity, and it seems this is a recommendation because giving charity from things that are doubtful is recommended. If they both refuse to give it in charity, they share in it, and the increase is the difference between its value at the time of purchase and its value on the day he takes it. The Qadi said: It is possible that it is the difference between its value before the appearance of its suitability and its value after it, because the fruit, before the appearance of its suitability, belonged entirely to the buyer, and the seller had no right to it. Al-Thawri said: The buyer takes his capital and gives the remainder in charity. The same ruling applies to fresh forage when it grows long, and green crops when they become abundant. This applies if, at the time of purchase, there was no intention to delay it, and if its purchase was not made on the condition of cutting as a trick to bypass the prohibition against buying fruit before its suitability appears in order to leave it until its suitability appears. However, if he intended that, the sale is invalid from its inception because it is a prohibited trick. According to Abu Hanifa and al-Shafi'i, there is no ruling for his intention, and the sale is valid, whether he intended it or not. The basis for this is the disagreement regarding the prohibition of legal tricks, and the discussion on this has already preceded.

724 - Issue: He said: (If he buys it after its suitability has appeared on the condition of leaving it until harvest, it is permissible.)

The summary of this is that when suitability appears in the fruit, its sale is permissible, whether it is absolute, on the condition of leaving it until harvest, or on the condition of cutting. This is the opinion of Malik and al-Shafi'i. Abu Hanifa and his companions said: It is not permissible on the condition of leaving it, except that Muhammad said: If it has reached its full size, it is permissible. They argued that this is a condition of benefiting from the seller's property in a manner not required by the contract, so it is not permissible, as if he stipulated leaving grain in his silo. Our evidence is that the Prophet (may Allah bless him and grant him peace) forbade the sale of