What is the ruling on selling produce before its intended condition has appeared?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of that whose proper condition has not yet appeared is permissible because it is apparent that it will subsequently attain proper condition and follow through on itself. If what is intended are both its branches and its roots, such as green onions or chives, or if only the branches are intended, then the sale is permissible because the intended element is apparent, making it similar to trees or walls that have buried foundations.
Supporting text
If the majority of what is intended are the roots, the sale is not permitted while they remain in the ground because the ruling is based on the predominant part. If the intention for roots and branches is equal, the sale is not permitted, because the default rule requires verification of the condition for all parts, and this exception only applies where the majority intended is apparent and secondary.