Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
the Selling of Main Commodities (Uṣool) 807 and Fruits/Things Associated with Them
It was reported that the Prophet (SA) said, “If someone sells date-palms after pollination, their fruit will be for the seller unless the buyer stipulates the contrary.” 808
رُوِيَ عَنِ النَّبِيِّ أَنَّهُ قَالَ: " مَنْ بَاعَ نَخْلا بَعْدَ أَنْ تُؤَبَّرَ، فَثَمَرُهَا لِلْبَائِعِ، إِلا أَنْ يَشْتَرِطَها الْمُبْتَاعُ."
The same holds true when selling trees if they are obviously bearing fruit.
وَكَذٰلِكَ بَيْعُ الشَّجَرِ، إِذَا كَانَ ثَمَرُهُ بَادِيًا.
If land is sold with a crop that is harvested only once, the crop goes to 809
فَإِنْ بَاعَ الأَرْضَ، وَفِيْهَا زَرْعٌ لاَ يُحْصَدُ إِلاَّ مَرَّةً، فَهُوَ
807. The term uṣool (pl. of aṣl) means foundations, roots, or origins. In this context, it refers to the main commodity in the transaction, and includes buildings and all kinds of lands.
Unless there are stipulated conditions, the things attached to the building (such as doors, stairways, and windows) are considered part of it, and go, by default, to the buyer. The movables go to the seller. As for land, the buildings and trees on it go to the buyer, by default. (A) + (+H, +M, +S)
808. (Ag – from Ibn ‘Umar)
The four Imams acted upon this hadith. However, Imam Abu Ḥaneefah gives the fruit to the seller if the trees are sold before pollination as well. The reason is that for the Ḥanafis, the implication of divergence (mafhoom al-mukhâlafah) is inconsequential, so giving the fruit to the seller if the trees are sold after pollination does not mean that it goes to the buyer if sold before pollination. They also said that if it is given to the seller after pollination, then this indicates that it is the seller’s as well before pollination by a stronger analogy (since the buyer would have not seen the mature dates at the time of purchase).
809. Once a year, such as barley or wheat.
the seller, unless the buyer stipulates its inclusion [in the sale]. 810 If the crop is harvested more than once, the roots 811 are for the buyer and the harvest apparent at the time of the transaction is for the seller.
لِلْبَائِعِ مَا لَمْ يَشْتَرِطْهُ الْمُبْتَاعُ. وَإِنْ كَانَ يُجَزُّ مَرَّةً بَعْدَ أُخْرَى، فَالأُصُوْلُ لِلْمُشْتَرِيْ، وَالْجُزَّةُ الظَّاهِرَةُ عِنْدَ الْبَيْعِ لِلْبَائِع.
Subsection:
The Prophet (SA) prohibited selling fruit until its maturity becomes apparent.
812
فَصْلٌ:
نَهَى رَسُوْلُ اللهِ عَنْ بَيْعِ الثَّمَرَةِ حَتَّى يَبْدُوَ صَلاَحُهَا.
810. When there is a certain stipulation in the contract, it must be honored because Allah said:
{O you who have believed, fulfill [all] contracts...} (al-Mâ’idah 5: 1)
عن عبيد الله بن عدي قال: أخبرني رجلان أنهما أتيا النبي في حجة الوداع وهو يقسم الصدقة فسألاه منهاا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ.
The Prophet (SA) said:
“Any settlement between Muslims is valid, except a settlement that will make haram what is halal or make halal what is haram. Muslims should abide by their conditions, except a condition that will make haram what is halal or make halal what is haram.” (T – from ‘Amr ibn ‘Awf; T: ḥasan ṣaḥeeḥ)
الصُّلْحُ جَائِزٌ بين الْمُسْلِمِينَ إلا صُلْحًا حَرَّمَ حَلَالًا أو أَحَلَّ حَرَامًا وَالْمُسْلِمُونَ على شُرُوطِهِمْ إلا شَرْطًا حَرَّمَ حَلَالًا أو أَحَلَّ حَرَامًا.
811. In other words, the part of the plant that remains after the harvest. Plants and fruits that can be harvested or picked several times a year include plants like clover and spearmint, and fruits like watermelons.
812. (Ag – from Ibn ‘Umar)
It is permissible to sell fruit [still on the tree] after it shows signs of ripeness, on condition that it be left [on the tree] until the [appropriate] time of picking. 813
وَلَوْ بَاعَ الثَّمَرَةِ بَعْدَ بُدُوِّ صَلاَحِهَا عَلَى التَّرْكِ إِلَى الْجُذَاذِ، جَازَ.
The apparent wisdom behind this ruling is the gharar (undue risk taking) involved in this transaction, because the crops or fruits may be afflicted by calamity or something else while still in the field of the seller. However, if the sale of unripe fruits or crops includes a condition of immediate picking or harvesting, and the unripe or immature fruits and crops have known uses (such as being fodder for animals), it would be permissible because of the lack of gharar in this case.
It is also permissible to sell fruits before their maturity if they are sold with the trees. This is because the sale of the fruits here will be secondary to the main subject matter of the contract. In such cases, the jurists use the following fiqh maxim:
Secondary transactions are treated with more leniency than primary ones.
يُغتَفَرُ في التَّابِعِ ما لا يُغتَفَرُ في الأصْلِ.
813. It would also be permissible to pick it right away. This condition gives the buyer the right to keep the fruit on the tree, but it may be picked sooner if he or she wishes.
814. According to (A/SM), this applies to fruits only, not crops. (t) discussed the disagreement concerning the crops in the madh-hab and favored treating them like fruits.
815. This is the position of (A) + (+M)
the Prophet (SA) said, “If you were to sell fruits to someone and these were stricken with calamity, it is not permissible for you to get anything from him or her. How could you take your brother’s money without justification?” 816
فَأَصَابَتْهُ جَائِحَةٌ، فَلَا يَحِلُّ لَكَ أَنْ تَأْخُذَ مِنْهُ شَيْئًا، بِمَ تَأْخُذُ مَالَ أَخِيكَ بِغَيْرِ حَقٍّ؟"
The fruits of date palms are considered mature when they become red or yellow, grapes are deemed mature when
وَصَلاَحُ ثَمَرِ النَّخْلِ أَنْ يَحْمَرَّ أَوْ يَصْفَرّ، وَالْعِنَبِ أَنْ يَتَمَوَّهَ، وَسَائِرُ الثَّمَرِ أَنْ يَبْدُوَ فِيْهِ
For the position of (-H) and (-S), which makes the buyer liable, there is another hadith in which Muslim reported from Abu Sa‘eed that a man was afflicted with a major loss in the fruits he bought, and his debt became too large. The Prophet (SA) asked people to donate to him, so they did, but the donations still did not pay off his debt. The Prophet (SA) said [to the creditors], “Take what you find, and you are not entitled to more than that.” (H) and (S) said that he made the man, who is the buyer, liable. They also said that the Prophet (SA) commanded that fruits are not to be sold until they ripen, for the buyer’s sake. After they ripen, the buyer may not be further protected against calamities.
816. (M – from Jâbir)
This hadith is clearer than the hadith of Abu Sa‘eed. It is also not a report of a particular incident, which may have a special context, but a general statement from the Prophet (SA). The response of (M) and (A) regarding the previous hadith of Abu Sa‘eed is that this particular case could have been one where the buyer did not lose all or most of the fruits he bought to the extent of a jâ’iḥah (a destructive natural calamity). His fruits could have also been afflicted after picking them. They maintain that the seller still has some duties towards the fruits because he or she is meant to water them until the time of picking. Thus, the seller is still responsible for them until they get picked from the trees.
They all agree that if the calamity was in the form of a drought, the seller (land owner) will bear liability.
they become juicy, and various fruits are considered mature when they become ripe and edible.
النُّضْجُ، وَيَطِيْبَ أَكْلُهُ.
( Page : no 72)