What is the ruling on selling vegetation that grows in roots and is harvested by cutting, such as mint or chicory?

Primary text

Vegetation whose roots are fixed in the earth and whose above-ground portion is harvested by repeated cutting, such as mint or chicory, is not permissible to sell unless the visible portion is sold under the condition that it is cut immediately. This view is held by Al-Shafi'i and is narrated from Al-Hasan and 'Ata'. The basis is that what remains in the ground is hidden, and what has not yet grown is non-existent, rendering its sale invalid, similar to selling future fruit yield.