What is the ruling if the buyer of 'Araya leaves the fruit until it matures into dates?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 3

Open in Qurani

Primary text

If the buyer takes possession of the fruit while it is unripe and then leaves it until it matures into dates, the contract is voided. This ruling is based upon the Prophet's command that 'Its people eat it unripe,' and because the validity of the purchase was predicated upon the need to consume it fresh. Once it matures, the initial need is absent, voiding the contract. This invalidation occurs regardless of whether the delay was due to the buyer's wealth, continued need, or any other excuse, due to the force of the Hadith. If, however, the buyer takes possession while it is unripe and then lets it remain in his possession until it matures, or dries it into dates, the transaction is valid because possession was already established.

Supporting text

There is a transmitted narration from Ahmad suggesting that if one purchases fruit before the appearance of maturity and leaves it until maturity appears, the sale does not become void, which implies the same ruling here. Furthermore, there are two legal opinions concerning whether the sale is voided only for the portion left behind if the buyer takes some fruit when unripe and leaves the remainder to mature.