Is the sale of a tree or palm tree valid if specific quantities of its fruit are stipulated as an exception?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The ruling for selling a tree or a palm tree while stipulating an exception of known quantities (such as *artal*) is the same as selling a walled garden (*hait*) while stipulating an exception of specific measures (*asaa'*). The correct ruling is that such a sale is invalid. This is because the underlying principle governing the exception in the sale of the walled garden applies here, rendering the condition void.
Supporting text
The view of Al-Qadi in his commentary states that the sale is valid because the Companions, may Allah be pleased with them, permitted the exception of the fallen parts of a sheep (*sawaqit al-shāh*).