Selling Potatoes and the Like While Still in the Ground

Question

Things that are inside the ground, such as potatoes and onions — is it correct to buy them by estimate or not? If both parties are agreeable, will the ruling remain one of impermissibility, or will it be one of permissibility?

Answer

In buying potatoes and the like without digging them up, there is often deception, through which the buyer or the owner suffers loss, and a dispute also arises; therefore one should neither sell nor buy in this way. However, if there is no deception and no dispute, then it is correct — for example, if after the purchase they are dug up right then, in front of the parties.

Source: Fatawa Mahmudiyya

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