Is it permissible to sell the unripened portion of a fruit type in an orchard separately after the ripening has commenced in the rest of that fruit type within the same orchard?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
It is not permissible to single out for sale the unripened portion of a fruit type while the ripened portion of the same type within that orchard is sold. This is prohibited because it falls under the general prohibition. The permissibility of selling it alongside the ripened portion is based on it being secondary, done to avoid the harm of shared ownership and conflicting possessors, a condition absent when selling it individually.
Supporting text
There is an opposing possibility that permits the separate sale, based on the premise that the entire yield is considered as one entity that has reached the stage of ripening, and since it is permissible to sell it along with its counterpart, it should also be permissible to sell it individually, similar to that which has ripened.