Does the apparent ripening of some fruit of a specific type in an orchard permit the sale of all fruits of that same type within that orchard?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
There are two narrations concerning whether one may sell all fruits of the same type in the entire orchard once some have ripened. The stronger narration permits the sale of the entire quantity of that type in the orchard. This is the position held by Al-Shafi'i and Muhammad bin Al-Hasan. The basis for this view is that the apparent ripening of that type within the specific part of the orchard where it occurred permits the sale of all of that type within the entire orchard, analogous to the single tree case, and because requiring consideration of apparent ripening for the whole quantity leads to difficulty and shared ownership.
Supporting text
The dissenting view prohibits the sale of that which has not ripened, reasoning that it falls under the general prohibition and cannot be sold without the condition of immediate cutting, similar to a different type of fruit or fruit in another orchard. Al-Qadi stated that it is not permissible to include another type, which is one of the two views attributed to the companions of Al-Shafi'i. Muhammad bin Al-Hasan differentiated: if the ripening times are close, selling all is permissible; if the delay in ripening is significant, only the ripened portion may be sold.