Hiring date palms for the purpose of taking their fruit
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Q: There are foreign workers who come to this country with the intention of buying
dates from the tops of the palms, but they hire the palms from their owners in their entirety, including the fruit on them before it begins to ripen, for a sum of money at the time of the date season. This hiring takes place after the workers are certain that the date flowers have emerged, and they agree with the palm owner that they will take charge of the palms and provide all that is needed during that period until the time of harvesting. Is it permissible for the palm owner to rent his palms to these people, given that their purpose is the fruit on them? Does the ruling differ if the lease is before the emergence of the date flowers, in order to determine the time of their emergence? Does the ruling also differ if the lease is for the rest area or the farm in its entirety, including the palms or crops within it? It is known that the purpose is the fruit on the tops of the palms or trees. If the ruling is that all of this is not permissible, what is the best path by which the conscience is cleared before Allah the Exalted regarding how the owner of the palms or trees should deal with these foreign workers and others?
A: After studying the inquiry, the Committee answered by prohibiting the leasing of fruit-bearing date palms before the fruit begins to ripen for the purpose of taking its fruit; because that is a means of circumventing the sale of fruit before it begins to ripen, which is prohibited in the hadith of Anas ibn Malik (may Allah be pleased with him) agreed upon by al-Bukhari and Muslim, and because of the excessive uncertainty and ignorance involved regarding the afflictions that may befall the fruit, which may destroy it or diminish it.
dates from the tops of the palms, but they hire the palms from their owners in their entirety, including the fruit on them before it begins to ripen, for a sum of money at the time of the date season. This hiring takes place after the workers are certain that the date flowers have emerged, and they agree with the palm owner that they will take charge of the palms and provide all that is needed during that period until the time of harvesting. Is it permissible for the palm owner to rent his palms to these people, given that their purpose is the fruit on them? Does the ruling differ if the lease is before the emergence of the date flowers, in order to determine the time of their emergence? Does the ruling also differ if the lease is for the rest area or the farm in its entirety, including the palms or crops within it? It is known that the purpose is the fruit on the tops of the palms or trees. If the ruling is that all of this is not permissible, what is the best path by which the conscience is cleared before Allah the Exalted regarding how the owner of the palms or trees should deal with these foreign workers and others?
A: After studying the inquiry, the Committee answered by prohibiting the leasing of fruit-bearing date palms before the fruit begins to ripen for the purpose of taking its fruit; because that is a means of circumventing the sale of fruit before it begins to ripen, which is prohibited in the hadith of Anas ibn Malik (may Allah be pleased with him)
The Prophet (peace and blessings be upon him) prohibited the sale of fruit until its ripeness becomes apparent, and the sale of date palms until they blossom. It was said: What is blossoming? He said: It turns red or yellow.
أن النبي صلى الله عليه وسلم نهى عن بيع الثمرة حتى يبدو صلاحها وعن النخل حتى يَزْهُو قيل: وما يزهو؟ قال: يَحْمَارُّ أو يَصْفَارُّ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.