on the face of the earth, or on their trees. Abu Hanifa and Malik held this view. Al-Shafi'i said: It is not permissible until its outer peel is removed, except in the case of the spathe and the ear of grain, according to one of the two opinions. He argued that it is covered by something that is not saved and has no benefit, so its sale is not permissible, like the dust of goldsmiths and minerals, or the sale of a slaughtered animal while it is still being skinned. Our argument is that the Prophet (peace and blessings be upon him) forbade the sale of fruits until their suitability is apparent (7), and the sale of grain until it whitens and is safe from blight (8). The implication of this is the permissibility of its sale (9) when its suitability is apparent (10) and its ears have whitened. Furthermore, it is covered by a veil that is part of its original creation (11), so its sale is permissible, like the pomegranate, the egg, and the lower peel. Their statement that "it has no benefit" is invalid, for it has no stability on its tree except through it, and fava beans are eaten while fresh, and their peel preserves their moisture. Also, fava beans are sold in the markets of the Muslims without objection, so that constitutes consensus (ijma'). The same applies to walnuts and almonds on their trees. A slaughtered animal may be sold (12) while it is being skinned, for if its sale is permissible before slaughtering—while it is intended for slaughter—then it is likewise permissible once it has been slaughtered, just as a pomegranate may be sold before it is broken, so too may it be sold after it is broken. As for the dust of goldsmiths and minerals, we have an argument for prohibiting them; and even if we were to concede that, it is not part of the original creation in the case of goldsmiths' dust, nor is its remaining in it of any benefit, unlike our issue.

727 - Issue: He said: (And likewise fresh fodder, every cutting).

The entirety of this is that fresh fodder and similar things, whose roots remain in the ground and what appears of it is taken by cutting, time after time—such as mint, endive, and the like—are not permissible to