Selling the fruits of date palms and grapevines before their ripeness becomes apparent
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Fatwa No. ( 3476 )
Q: Some date palm owners sell the dates before they are fully ripe, and there is a lot of fresh dates; out of desire for high prices. Is that permissible for them?
A: It is not valid to sell the fruits of date palms, grapevines, and grains such as wheat, barley, corn, and the like, individually, on the condition that they remain on their stalks until their ripeness becomes apparent; based on what is established from Ibn 'Umar (may Allah be pleased with them both)Muwatta Malik 31:10 , and what is established from Zayd ibn Thabit (may Allah be pleased with him), that he said: , like a woman gesturing with it due to the abundance of their disputes. However, if he sells them along with their stalks, the sale is valid; because they are accessory to the stalks. Likewise, it is permissible to sell them before their ripeness becomes apparent on the condition of harvesting, meaning: plucking them and removing them from their stalks.
And the appearance of ripeness in each type of fruit is according to its nature. So in the fruits of date palms, it is the beginning of reddening or yellowing, even if in some of it. And in grains, until they become hard, even if in some of them. And in grapes, until they turn white or black. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Some date palm owners sell the dates before they are fully ripe, and there is a lot of fresh dates; out of desire for high prices. Is that permissible for them?
A: It is not valid to sell the fruits of date palms, grapevines, and grains such as wheat, barley, corn, and the like, individually, on the condition that they remain on their stalks until their ripeness becomes apparent; based on what is established from Ibn 'Umar (may Allah be pleased with them both)
that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it had started to ripen. He forbade the transaction to both buyer and seller.
أن النبي صلى الله عليه وسلم نهى عن بيع الثمار حتى يبدو صلاحها، نهى البائع والمبتاعThe people in the time of the Prophet (peace and blessings be upon him) used to buy fruits, and when the people became eager and the time for payment arrived, the buyer would say: The fruit was hit by worms, it was hit by a disease, it was hit by blight... defects they would use as excuses. So the Messenger of Allah (peace and blessings be upon him), when disputes about that multiplied with him, said: So no, do not sell to one another until the ripeness of the fruit becomes apparent
كان الناس في عهد النبي صلى الله عليه وسلم يبتاعون الثمار، فإذا جد الناس وحضر تقاضيهم قال المبتاع: أصاب الثمر الدمان، أصابه مُرَاض، أصابه قشام.. عاهات يحتجون بها، فقال رسول الله صلى الله عليه وسلم لما كثرت عنده الخصومة في ذلك: فأما لا فلا تبايعوا حتى يبدو صلاح الثمرAnd the appearance of ripeness in each type of fruit is according to its nature. So in the fruits of date palms, it is the beginning of reddening or yellowing, even if in some of it. And in grains, until they become hard, even if in some of them. And in grapes, until they turn white or black. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
