What is the legal status regarding intent when buying fruit before soundness appears?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the intent at the time of purchase was to delay the harvest until soundness appeared, and the purchase was not conditioned on cutting as a trick against the prohibition of buying fruit before soundness, the sale is void from its origin because it is a forbidden stratagem.
Supporting text
According to Abu Hanifa and Al-Shafi'i, the intent has no legal consequence, and the sale is valid whether the intent was present or not, depending on their differing views on the prohibition of stratagems.