Is it permissible to sell nuts (walnut, almond) and green fava beans (baqla) while still in their husks?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of walnuts, almonds, and green fava beans while still in their husks, when harvested or still on the tree, is permissible. This opinion is held by Abu Hanifa and Malik. The evidence is derived from the understanding (mafhum) of the prohibition against selling fruits before their soundness appears (badu salah), and selling grain before it whitens and is safe from blight, which implies permission after these conditions are met. Furthermore, these items are enclosed by a natural covering, similar to pomegranates, eggs, and the lower shell of eggs, thus their sale is valid. The objection that this covering serves no purpose is refuted because it is essential for the plant's sustenance on the tree, and the fava bean's husk preserves its moisture for eating fresh. Additionally, the customary practice in Muslim markets of selling fava beans fresh without objection suggests a consensus (ijma).
Supporting text
Al-Shafi'i holds that the sale is not permissible until the outer husk is removed, except for the spathe (tal') and the ear of grain (sunbul) in one of the two narrations. He argues that what is covered by a husk that is not preserved or useful should not be sold, analogous to the dust of goldsmiths or minerals, or the sale of slaughtered animals while still in their skins.