Is the sale of fruit to a non-owner of the land permitted before it shows signs of ripeness?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Selling fruit individually to someone who does not own the land upon which the tree stands, before the fruit shows signs of ripeness, is invalid. This prohibition applies whether the contract stipulates retention or immediate cutting (when considered against the general prohibition). However, selling the fruit together with the land/tree is permissible by consensus (ijma'). This is supported by the hadith stating that if someone buys a date palm after it has been pollinated, the fruit belongs to the seller unless the buyer stipulates it in the contract.
Supporting text
When the fruit is sold to the landowner, the stronger opinion is that the sale is valid because the uncertainty is mitigated as the buyer already possesses the source, making the fruit accessory. The opposing view insists that since the contract primarily targets the fruit, the inherent uncertainty invalidates the transaction, contrary to sales where the uncertain item (like milk in the udder or pregnancy in an animal) is accessory to the main owned item.