What is the ruling regarding the sale of fruit that has not yet shown signs of ripeness upon dissolution?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the fruit has not shown signs of ripeness, the owner is given the choice. If the fruit is sold to a third party, it is not valid unless conditional upon harvesting. The cultivator's share cannot be sold alone because he cannot harvest it without harvesting the owner's share, making its potential harvesting dependent upon the harvesting of another's property.

Supporting text

There are two differing legal opinions regarding whether the owner may purchase the fruit in this state.