What is the evidence supporting the permissibility of selling fruit after soundness appears, even with a condition of retention?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The implication of the Prophet's prohibition against selling fruit until its soundness appears is the permissibility of selling it afterwards. The specific prohibition against retention before soundness implies its permissibility after soundness appears, otherwise soundness would lack purpose as a limit. Furthermore, the Prophet's saying, '...and you are safe from calamity (al-'āhiyah),' indicates retention is involved, as immediate cutting faces no calamity risk. Once soundness appears, calamity is averted, and retention must be permissible as the impediment is removed. Stipulating transfer and moving the item, as per custom, is permissible if stipulated, similar to stipulating the transfer of food from the seller's property where possible.