sell it unless he sells the visible part of it, on the condition of cutting it immediately. Al-Shafi'i held this view, and it was narrated from al-Hasan and 'Ata'. Malik granted a concession for purchasing two or three cuttings. This is invalid; because that which is in the ground of it is concealed, and what will emerge from it is non-existent, so its sale is not permissible, just as it is not permissible to sell what will emerge from a fruit. Once this is established, if he buys it beforehand (1), it is not permissible for him to leave it, because that which has not yet appeared of it constitutes substances that the sale did not cover. Therefore, it belongs to the seller when it appears, which leads to the mixing of the sold item with something else, whereas fruit is different. If he delays it until it has grown (2), then the ruling regarding it is the same as for fruit if one buys it before its suitability is apparent, then leaves it until its suitability becomes apparent.

Section: If one buys cut barley or the like, then cuts it, and it subsequently grows back, it belongs to the owner of the land, because the buyer abandoned the root by way of renunciation, so his right to it lapsed, just as the right of the crop owner lapses regarding the ears of grain he leaves behind; and for that reason, it is permissible for anyone (3) to glean them. If grain fell from the harvest and then grew the following year, it belongs to the owner of the land. Ahmad stipulated these two issues. Among the things that confirm what we have said is that if the seller wanted to dispose of his land after the harvest had been removed in a way that would spoil the roots and uproot them, he would have the right to do so, and the buyer would have no authority to prevent him from it. If the remainder were the buyer's entitlement, he would possess the authority to prevent him.

728 - Issue: He said: (And the harvesting is the responsibility of the buyer. If he stipulates it upon the seller, the sale is void.)

The discussion on this issue is in two parts;

The first: Whoever buys a crop, or a cutting of fresh fodder and the like, or fruit attached to its origins,