What is the ruling on selling fruit before ripeness when the sale is to the original landowner?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 4

Open in Qurani

Primary text

When fruit is sold without the condition of cutting, and the sale is to the original landowner (where the tree belongs to them), there are two differing views. The preferred view holds that the sale is valid because the buyer already owns the origin (the tree), so the fruit becomes accessory to the sale, removing the ambiguity of retention. The second view holds that the sale is invalid because the contract specifically addresses the fruit, and the inherent uncertainty (gharar) in the fruit contract invalidates it, unlike when the tree and fruit are sold together, which is explicitly exempted by a prophetic text.

Supporting text

If the sale is to a third party and involves immediate cutting, the sale is valid unanimously, and the buyer is not obliged to cut immediately since the underlying property (the tree) belongs to the seller.