Is the ripening of some fruit on a palm or tree sufficient legal ground for selling all the fruit of that tree?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The ripening (bada'u as-salah) of some fruit on a palm or tree is sufficient legal ground for permitting the sale of all fruit on that tree. There is no known disagreement on this point. This ruling is established because the beginning of ripeness in that specific type of fruit within that tree permits the sale of the entirety of that tree's yield. This ruling is considered stronger because considering the ripening status of each individual fruit is difficult and leads to shared ownership and conflicting claims of possession, thus the unripened portion must follow the ripened portion of the same type.
Supporting text
The ruling concerning the sale of other varieties of the same type of fruit within the orchard is subject to differing scholarly opinions. One view permits the sale of all fruits of that type in the orchard, which is the position of Al-Shafi'i and Muhammad bin Al-Hasan. Another view restricts the sale only to that fruit whose ripening has become apparent, as the unripened portion falls under the general prohibition and cannot be sold without the condition of immediate harvest, similar to a different type of fruit or fruit in another orchard.