Who is liable for the loss if a disaster destroys guaranteed fruits?
Machine translationRead the Arabic original
The questioner : Shaykh, I am one of those who transports goods to refrigerated warehouses. He brings goods from Lebanon. He says the owner of these refrigerated warehouses, Honorable Shaykh...
The Shaykh : Fire. Yes. Yes. From Algeria.
The questioner : The hail. The author of the hail [report] said:
The presenter : It hit large farms in Lebanon, especially in this place, Halum. Are we in Halum, our Shaykh?
The Shaykh : Which hotel.
The presenter : The one you always mention.
The Shaykh : The sweet one, the sweet one is gone.
The presenter : No, no, it is Jabali, a specific type of grape, the important thing, Shaykh, is that it is Hammas.
The Shaykh : Table grapes.
The presenter : Halum, yes. He said: Very large farms.
The questioner : The cold came at night and killed them all. It is as if they were guaranteed, like this, our Shaykh. So who is liable for this?
The Shaykh : Upon the owner of the grapes.
The questioner : My friend is not the one who guaranteed it.
The Shaykh : No, because this is called a calamity (jā'ihah), and it came in the authentic hadith that the Messenger (peace and blessings be upon him) set aside calamities and said to the owner of the land, why...?Sahih Muslim 1555c
The questioner : May Allah reward you with good. Oh, my night.
The Shaykh : Now we have two issues with us. One issue is that it is not permissible to sell fruits before they begin to ripen. So if he sells after they begin to ripen, and then a calamity comes, which is called in the language of the Arabs a jā'ihah, and it spoils the fruits, then it is upon the owner of the fruits, not upon the buyer or the guarantor.
The presenter : All right, our Shaykh, to add to that: if a person leases a bare piece of land with no crops on it, and he naturally plants it and utilizes it for this purpose. Second question, may Allah reward you, our Shaykh.
The Shaykh : For menstruation.
The presenter : O Lord.
The Shaykh : May you depart as mature people, if Allah wills. Or
The Shaykh : Fire. Yes. Yes. From Algeria.
The questioner : The hail. The author of the hail [report] said:
The presenter : It hit large farms in Lebanon, especially in this place, Halum. Are we in Halum, our Shaykh?
The Shaykh : Which hotel.
The presenter : The one you always mention.
The Shaykh : The sweet one, the sweet one is gone.
The presenter : No, no, it is Jabali, a specific type of grape, the important thing, Shaykh, is that it is Hammas.
The Shaykh : Table grapes.
The presenter : Halum, yes. He said: Very large farms.
The questioner : The cold came at night and killed them all. It is as if they were guaranteed, like this, our Shaykh. So who is liable for this?
The Shaykh : Upon the owner of the grapes.
The questioner : My friend is not the one who guaranteed it.
The Shaykh : No, because this is called a calamity (jā'ihah), and it came in the authentic hadith that the Messenger (peace and blessings be upon him) set aside calamities and said to the owner of the land, why...?
permissible for one of you to take the wealth of his brother
يستحل أحدكم مال أخيهThe questioner : May Allah reward you with good. Oh, my night.
The Shaykh : Now we have two issues with us. One issue is that it is not permissible to sell fruits before they begin to ripen. So if he sells after they begin to ripen, and then a calamity comes, which is called in the language of the Arabs a jā'ihah, and it spoils the fruits, then it is upon the owner of the fruits, not upon the buyer or the guarantor.
The presenter : All right, our Shaykh, to add to that: if a person leases a bare piece of land with no crops on it, and he naturally plants it and utilizes it for this purpose. Second question, may Allah reward you, our Shaykh.
The Shaykh : For menstruation.
The presenter : O Lord.
The Shaykh : May you depart as mature people, if Allah wills. Or
Source
سلسلة الهدى والنور، المجلس 944 — d3watuna.com (1:03:26)
The Arabic text is a machine transcription of the audio recording.