the tree. If he sells the fruit-bearing portion of it, its fruit appearing for the seller is left until the time it matures, unless the buyer stipulates it. If another fruit emerges, it belongs to the buyer. If it becomes intermixed with the seller's fruit and cannot be distinguished (4), the ruling regarding it is like the fruit of a tree when it is intermixed with another fruit, according to the ruling that has already passed.

Section: It is not permissible to sell that whose intended part is hidden in the ground, such as carrots, radishes, onions, and garlic, until it is pulled out and inspected. This is the position of al-Shafi'i, Ibn al-Mundhir, and the scholars of opinion (ashab al-ra'y). Malik, al-Awza'i, and Ishaq permitted it because the necessity calls for it, so it is similar to the sale of what has not reached its suitability as a secondary to what has reached it. Our argument is that it is an unknown object of sale, which he has neither seen nor had described to him, so it is similar to selling a fetus (in the womb). Also, the Prophet (peace and blessings be upon him) forbade the sale of gharar (uncertainty/hazard). Recorded by Muslim (5). This is a case of gharar. As for the sale of what has not reached its suitability, it is only permissible because the apparent expectation is that it will reach its suitability sequentially, and some of it will follow others. If it is of a type whose branches and roots are both intended, such as onions sold green, leeks, and radishes, or if only the branches are intended, then the preference is for the permissibility of its sale; because the intended part is visible, thus it is like trees and walls that have buried foundations. What has not appeared enters into the sale as a secondary, so its uncertainty does not cause harm, just as the fetus in the womb and the milk in the udder with (6) the animal. If the main intended part of it is its roots, it is not permissible to sell it in the ground, because the ruling is for the majority. If they are equal, it is not permissible; because the principle is the consideration of the condition for the entirety, and the requirement for its consideration is only dropped for what has its majority intended part visible as a secondary, so in anything else, it remains upon the original principle.

Section: It is permissible to sell walnuts, almonds, and green fava beans in their shells, whether detached or on their trees, and to sell grain that has hardened in its ears, and to sell the spathe (tal') before it splits, whether detached