Is the stipulation of an unspecified portion (juz') of the fruit valid when stipulated by one of the contracting parties?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If one of the contracting parties stipulates a known portion of the fruit, this is considered valid, similar to stipulating the entire fruit. This is the opinion of the majority of jurists (Jumhur al-Fuqaha') and Ashhab from the companions of Malik.
Supporting text
Ibn al-Qasim holds that stipulating only a part of the fruit is not permissible because the Hadith regarding stipulation was specifically narrated concerning the entirety of the fruit. However, the sound view is that what is permissible to stipulate entirely is also permissible to stipulate partially, analogous to the stipulation of the option period (muddat al-khiyar) or stipulating a portion of a slave's wealth.