Is the sale of hardened grain while still in its ear or the spathe (tal') of a palm before cracking permissible?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

The sale of hardened grain while still in its ear, and the sale of the palm spathe before it cracks, provided it is cut at ground level or sold while still on the tree, is permissible. This ruling is supported by Abu Hanifa and Malik. The justification rests on the interpretation of the Prophetic prohibition against selling unripened fruits and unwhitened grain, implying validity once maturity and safety from blight are achieved. The item is covered by a natural barrier, validating the sale similar to pomegranates and eggs.

Supporting text

Al-Shafi'i disagrees regarding the grain and spathe, stating that the sale is impermissible unless the outer covering is removed, except for the spathe and grain itself, according to one narration.