He made a forward sale in honey from a specific apiary
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The second question of Fatwa No. ( 19612 )
Q2: A man gives beekeepers sums of money on the condition that he takes from the honey, at the time of its production, an amount equal to that money and according to his choice. The production season may come and the beekeeper may not have honey with the specifications of the money owner, or the beekeeper may have sold his bees or his bees may have died. What is the ruling on these funds? Please inform us, may Allah reward you with good.
A2: The sale mentioned in the question is a type of forward sale (salam); however, it was concluded in a form that is not permissible; because it contradicts the requirements of what a forward sale must be. A forward sale is a contract for a described item in the debtor’s possession, where the specifications of the item sold are fixed by a known measure of volume, weight, or length, and every description that changes the price must be capable of being delivered at a time when it is generally available, with a specified term mentioned and the full price of the item sold paid in the place of the contract. What is mentioned in the question is a contract for a specific item that is not established in the debtor’s possession, since he made a forward sale in honey from a specific apiary. Also, the weight of the honey sold was not specified, nor was a known term mentioned for its delivery. This is of the same kind as what the people of Madinah used to do, where they would make forward sales in specific date palms. When the Prophet (peace and blessings be upon him) came to Madinah , he prohibited that; because of the excessive uncertainty (gharar) involved in it, as those date palms might be afflicted with a disease and not bear fruit. Ibn Hajar mentioned in (Fath al-Bari), vol. 4
p. 433, his statement: ( And Ibn al-Mundhir transmitted the consensus of the majority on prohibiting a forward sale in a specific orchard because it is excessive uncertainty ). Therefore, it came in the hadith of Ibn Abbas (may Allah be pleased with them both) that he said:Mishkat al-Masabih 2883 It is agreed upon that it is authentic. Accordingly, the forward sale mentioned in the question is not valid; because it lacks most of the conditions of a forward sale, so it is not established. And the one to whom the sale was made must return the value of the item sold to the one who made the sale. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A man gives beekeepers sums of money on the condition that he takes from the honey, at the time of its production, an amount equal to that money and according to his choice. The production season may come and the beekeeper may not have honey with the specifications of the money owner, or the beekeeper may have sold his bees or his bees may have died. What is the ruling on these funds? Please inform us, may Allah reward you with good.
A2: The sale mentioned in the question is a type of forward sale (salam); however, it was concluded in a form that is not permissible; because it contradicts the requirements of what a forward sale must be. A forward sale is a contract for a described item in the debtor’s possession, where the specifications of the item sold are fixed by a known measure of volume, weight, or length, and every description that changes the price must be capable of being delivered at a time when it is generally available, with a specified term mentioned and the full price of the item sold paid in the place of the contract. What is mentioned in the question is a contract for a specific item that is not established in the debtor’s possession, since he made a forward sale in honey from a specific apiary. Also, the weight of the honey sold was not specified, nor was a known term mentioned for its delivery. This is of the same kind as what the people of Madinah used to do, where they would make forward sales in specific date palms. When the Prophet (peace and blessings be upon him) came to Madinah , he prohibited that; because of the excessive uncertainty (gharar) involved in it, as those date palms might be afflicted with a disease and not bear fruit. Ibn Hajar mentioned in (Fath al-Bari), vol. 4
p. 433, his statement: ( And Ibn al-Mundhir transmitted the consensus of the majority on prohibiting a forward sale in a specific orchard because it is excessive uncertainty ). Therefore, it came in the hadith of Ibn Abbas (may Allah be pleased with them both) that he said:
when God’s Messenger came to Medina they were paying one, two and three years in advance for fruits, so he said, “Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.”
قدم رسول الله صلى الله عليه وسلم المدينة وهم يسلفون في الثمار السنة والسنتين والثلاث، فقال صلى الله عليه وسلم: من أسلف في شيء فليسلف في كيل معلوم، ووزن معلوم، إلى أجل معلوم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.