What is the ruling on selling fruit after the appearance of its soundness?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
When soundness appears in the fruit, it is permissible to sell it absolutely, with a condition of retention until harvest, or with a condition of immediate cutting. This is the position of Malik and Al-Shafi'i.
Supporting text
Abu Hanifa and his school hold that selling with a condition of retention is not permissible, except that Muhammad permitted it if the fruit reaches full size. They argue this condition involves the seller stipulating the benefit of his property in a manner not implied by the contract.