What is the ruling on guaranteeing the fruit of an orchard before it begins to ripen?

The Shaykh : There is some ambiguity in your statement.

The questioner : Yes.

The Shaykh : According to this man, is he the owner of the orchard or the one taking on the responsibility?

The questioner : The owner of the orchard wants to entrust the orchard to one person.

The Shaykh : He does not want to take on the responsibility, he wants to entrust it, may Allah guide you.

The questioner : He entrusts it, excuse me, yes.

The Shaykh : There is a branch.

The questioner : Exactly, he takes the orchard from one person and to another person that he will look after it.

The Shaykh : I understand, I understand, my brother. At what price? What is the price?

The questioner : Yes, they agree on it.

The Shaykh : Yes, because in your question you delayed the price until after the harvest.

The questioner : Yes.

The Shaykh : Yes, therefore I said that there is ambiguity in your question.

The questioner : Yes, yes.

The Shaykh : Yes. So how was the responsibility?

The questioner : The responsibility, actually, I did not take the picture because I mentioned a point. Let us set two cases. One case is that after the season ends, the one taking on the responsibility gives him, or gives him a loan now, before, meaning now.

The Shaykh : Excuse me, my dear, the issue is not whether he gives it now or later. The issue is that it must be clear, otherwise there will be a dispute later. For example, the one taking on the responsibility, who is not the owner of the grapes, at the end of summer, for example, says, this did not bring two tons, and so it comes out to be, for example, one hundred dinars with me, not two hundred dinars. No, he says to him, that was more, I do not know what to say about this. Clarity drives away the devil. So the intention is that the responsibility requires that it be clear.

The questioner : Yes.

The Shaykh : So let it be that the owner of the orchard agreed with the one taking on the responsibility on a specific price.

The questioner : Yes.

The Shaykh : Then a second agreement, branching from the first agreement, that he gives him a loan or gives it later, is not a place of dispute. So what is your question now?

The questioner : Now, as I explained to you, the grapes are in this state. The days of these are set, approximately. So he says he takes it in this state and agrees on an amount. Is this considered like buying fish in the sea in this case, or is it advised that he entrusts this orchard, for example, or does he not do this work? Here is the question, meaning, is it lawful or forbidden?

The Shaykh : Okay, the answer comes. It came in the authentic hadiths that the Prophet (peace and blessings be upon him)

The questioner : Tah.

The Shaykh : .

The questioner : Yes.

The Shaykh : So this picture that you present is either included in the prohibition, meaning that the seller of the grapes sold the grapes before the grapes began to ripen,

The questioner : Yes.

The Shaykh : or he sold them after the grapes began to ripen. You now noticed that the grapes have become small berries,

The questioner : Yes, as you see.

The Shaykh : Listen, may Allah guide you. Yes, I am not a farmer, but the farmers know that this set, these small berries, does that mean, by the experience of farmers and peasants, that the grapes have passed the stage of danger? And that it is not possible for a calamity to befall them? If the people of experience say yes, it has passed the time of danger, then at that time it is permissible to sell this sale, and it is not like selling fish in water. But if he sold before the setting, for example, if it is in bloom.

The questioner : Yes.

The Shaykh : Perhaps you know that many trees bloom but do not bear fruit.

The questioner : Understood.

The Shaykh : This is the sale that the Messenger (peace and blessings be upon him) forbade.

The questioner: By Allah.

The Shaykh : And it is described as being before the onset of ripeness. So, have you understood the answer?

The questioner : Good. May Allah reward you with good.

The Shaykh : And you as well.

The questioner : Peace be upon you.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.