Is it permissible for one of two co-claimants to settle for their share of the crop before the grain hardens (*ishtidād hubbuhu*)?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

It is not permissible for one claimant to settle for their share of the crop before the grain hardens. This prohibition holds whether the settlement explicitly stipulates cutting the crop or is unconditional. If unconditional, it is invalid due to the prohibition against selling *mukhāḍarah* (selling an uncertain yield). If it stipulates cutting, the claimant cannot cut their portion without cutting the entirety of the crop.