Is the sale of the roots of recurring-fruiting vegetables permissible without stipulating immediate harvesting?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of the roots of these recurring-fruiting vegetables (like cucumbers and gourds) is valid without stipulating the cutting of the fruit. This is the doctrine of Abu Hanifa and Al-Shafi'i. There is no distinction based on whether the roots are small or large, or whether they are currently bearing fruit or not, because they are roots that yield recurring fruit, thus resembling trees.