Is the purchase of an undivided share of fruit before ripening valid?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

The purchase of an undivided share (musha') of fruit before it shows signs of suitability for harvest, or an undivided share of grain before its seeds have fully hardened, is invalid. This invalidity applies whether the purchase is made from a single seller or multiple sellers. Furthermore, this ruling stands whether the buyer stipulates the right to harvest or not, because exercising the right to harvest necessitates cutting what the buyer does not own, thus invalidating the condition.