What is the ruling on selling fruits on the tree before taking possession of them from the first seller?
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Question : What is the ruling on selling fruits while they are still on the tree after they have ripened twice? After that. After ripening twice, the owner sells the fruit, and then the first buyer sells it to another buyer, while the fruit is still on the tree and has not been harvested yet. Yes.
Answer : Yes, if a person buys date fruit after its goodness has become apparent and it has turned red or yellow, and then he wants to sell it, if he sells it for the same price he bought it for, there is no harm. For example, if he bought the fruit of this date palm for ten thousand riyals and then sold it for ten thousand riyals, there is no harm in that. But if he sells it for more, such as buying it for ten thousand and selling it for eleven thousand, there is a difference of opinion among the scholars. Some said the sale is valid, and some said it is not valid. Those who said it is not valid stated that the tree with its fruit is under the guarantee of whom? It is under the guarantee of the seller. That means, if a calamity from the sky strikes the fruit, the seller is responsible for it. So, if the buyer sells it for a profit, he has profited from something that is not under his guarantee. The Prophet (peace and blessings be upon him) forbade profiting from what one is not responsible for. Based on this, the precaution is not to sell it until he takes possession of it. Once he has taken possession of it, he may sell it.
Answer : Yes, if a person buys date fruit after its goodness has become apparent and it has turned red or yellow, and then he wants to sell it, if he sells it for the same price he bought it for, there is no harm. For example, if he bought the fruit of this date palm for ten thousand riyals and then sold it for ten thousand riyals, there is no harm in that. But if he sells it for more, such as buying it for ten thousand and selling it for eleven thousand, there is a difference of opinion among the scholars. Some said the sale is valid, and some said it is not valid. Those who said it is not valid stated that the tree with its fruit is under the guarantee of whom? It is under the guarantee of the seller. That means, if a calamity from the sky strikes the fruit, the seller is responsible for it. So, if the buyer sells it for a profit, he has profited from something that is not under his guarantee. The Prophet (peace and blessings be upon him) forbade profiting from what one is not responsible for. Based on this, the precaution is not to sell it until he takes possession of it. Once he has taken possession of it, he may sell it.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[24 من 31]ما حكم بيع الثمار على الشجر قبل قبضه من البائع الأول؟!! ابن عثيمين -مشروع كبار العلماء — youtube.com (0:11)
The Arabic text is a machine transcription of the audio recording.
