Is it permissible to sell crops whose intended part is hidden underground, such as carrots, radishes, onions, and garlic?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
It is not permissible to sell that which is intended to be concealed in the ground, such as carrots, radishes, onions, and garlic, until they are dug up and seen. This is the view of Al-Shafi'i, Ibn al-Mundhir, and the Ashab al-Ra'y (People of Opinion). The evidence for prohibition is that it is an unknown commodity that the buyer has neither seen nor had described to him, resembling the sale of a fetus (Haml). Furthermore, the Prophet (peace be upon him) forbade the sale involving uncertainty (Gharar), as reported by Muslim. This situation constitutes uncertainty.
Supporting text
Malik, Al-Awza'i, and Ishaq permitted this sale because there is a need for it, making it analogous to selling that whose proper condition has not yet appeared as an accessory to that which has appeared.