Is it permissible to sell undeveloped fruit (that has not shown signs of ripeness) along with developed fruit from plants like gourds?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If one sells fruits of these vegetables (baysul), only what is currently existent may be sold; selling the non-existent (future) fruit is impermissible. This is the position of Abu Hanifa and Al-Shafi'i. The evidence against selling the non-existent is that it is fruit that has not yet been created, hence its sale is invalid, similar to selling before any sign of development appears. Furthermore, the need is addressed by selling the underlying roots, and the undeveloped portion can be validly sold independently, unlike that which is not yet created.
Supporting text
Malik permitted selling the entirety because distinguishing the developed from the undeveloped is difficult, thus treating the undeveloped as subsidiary to the developed, just as undeveloped fruit is subsidiary to developed fruit. This is rejected because undeveloped date fruit cannot be sold as subsidiary to developed fruit, even though undeveloped fruit on other plants can be subsidiary to developed fruit.