What is the ruling on selling fruit before its time of ripeness (bado-u salah)?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of fruit before its time of ripeness (bado-u salah) falls into three categories. Firstly, selling it with the condition of keeping it on the tree (tabqiyah) is invalid by consensus (ijma'). This is based on the Prophet's explicit prohibition against selling fruit until it shows signs of ripeness, which implies invalidity for both seller and buyer. Secondly, selling it with the condition of immediate cutting (qatt' fi-l-hal) is valid by consensus, as the concern regarding loss before acquisition is removed. Thirdly, selling it absolutely without specifying keeping it or immediate cutting results in an invalid sale according to Malik and Shafi'i, because an unqualified contract implies keeping it, which is forbidden.
Supporting text
Abu Hanifa permitted the absolute sale, arguing that the unqualified contract implies immediate cutting, aligning with the justification for the prohibition concerning the potential loss of the fruit before it is taken. However, the textual evidence suggests the unqualified contract implies retention (tabqiyah), thus falling under the general prohibition.