Is it permissible for a buyer of fruit to sell it while it is still on the tree?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of fruit while it remains on the tree is permissible. This view is held by Al-Zubayr ibn Al-Awwam, Zayd ibn Thabit, Al-Hasan ibn Abi Al-Hasan Al-Basri, Abu Hanifa, Al-Shafi'i, and Ibn Al-Mundhir. The justification is that the buyer is permitted to dispose of the fruit, thus allowing him to sell it, similar to when it has been harvested. The condition of not having taken possession is refuted because every item is taken possession of according to its nature, and here, possession is established through relinquishment (takhliyah), which has occurred.
Supporting text
The sale is disliked by Ibn Abbas, 'Ikrimah, and Abu Salama because it constitutes a sale before taking possession, which is invalid, analogous to selling something on the ground that has not yet been taken possession of.