Is the sale of all fruits of the same type within an orchard permissible based on the analogy with Zakat (alms-giving) requirements?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
It is argued that the sale of all fruits of the same type in the orchard should be permitted because the single genus is combined for the purpose of completing the *Nisab* (minimum threshold) in Zakat, and therefore it follows in the permissibility of sale. This is the second view attributed to the companions of Al-Shafi'i, held by Abu Al-Khattab. The intent in Zakat is wealth from that kind of property due to the closeness of its benefit, where each variety stands in place of the other for the intended purpose.
Supporting text
The opposing view is considered preferable because the ripening times of two varieties might be far apart, meaning one does not follow the other in apparent ripening, similar to two different genera. The analogy to Zakat is rejected because the underlying reason there is the closeness of benefit, whereas in sales concerning ripening, the reason is the closeness of the ripening times themselves and the avoidance of harm caused by shared ownership and conflicting possession, which is not achieved between two different varieties.