Is the sale of orchard fruit permissible if a specific measure is exempted?

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The sale of the entire produce of an orchard, or a pile (*sabra*) of harvested fruit, is impermissible if a specific, known measure, such as a *sa'*, *aṣā',* a *mudd*, or measures thereof, is exempted from the sale. This opinion is held by Sa'id ibn al-Musayyib, Al-Hasan, Al-Shafi'i, Al-Awza'i, Ishaq, Abu Thawr, and the Companions of Opinion (Ahl al-Ra'y). The evidence against it is the narration that the Prophet (peace be upon him) forbade the sale of *al-thunaya* (a specific, yet undetermined part), as narrated by Al-Tirmidhi, who classified it as Hasan Sahih. Furthermore, the item sold is known by direct observation, not solely by measure, and the exemption alters the known state of observed quantity without clarity on what remains observable, thus invalidating the sale. This contrasts with exempting a physical part, which does not change the observable status.