The seller of these is called a fruit seller (fakahani), and the place of their sale is the house of fruit. The original meaning in customary usage is the literal one, and the conjunction is for the sake of honoring and singling them out, as in the saying of the Almighty: "Whoever is an enemy to Allah and His angels and His messengers and Gabriel and Michael" (Quran 2:98), and they are both among the angels. As for dried fruits, such as raisins, dates, figs, dried apricots, pears, and the like, they are considered fruit because they are the produce of a tree consumed as fruit. It is possible that they are not, because they are stored, and some are used as staple food, resembling grains. Olives are not fruit because they are not eaten for pleasure; rather, the intent is their oil, and what is eaten of them is intended for side-dish consumption (ta'addum), not for pleasure (tafakkuh). The terebinth (butm) is in the same category because the intent is its oil. It is possible that it is fruit, because it is the produce of a tree consumed both fresh and dried in its own right, resembling mulberries. Acorns are not fruit because they are not consumed for pleasure, but are eaten during famine or for medicinal purposes. The same applies to other fruits of wild trees that are not palatable, such as red hawthorn, maple fruit, galls, myrtle berries, and the like. Even if some are palatable, such as pine nuts, they are fruit because they are the produce of a tree consumed for pleasure.

Section: As for cucumbers, vegetable marrows (qir'), eggplants, and gourds, they are vegetables and not fruit. There are two viewpoints regarding watermelon; one is that it is a fruit, which is what the Qadi mentioned, and it is the opinion of Al-Shafi'i and Abu Thawr because it ripens and becomes sweet, resembling tree fruit. The second is that it is not a fruit.