The ruling on selling date palms before pollination, with the condition that the buyer performs their repair
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, a person has approximately one hundred date palms, so he sells them to another person before the fruits are pollinated, on the condition that the buyer then pollinates the palms, removes the thorns, adjusts them, and repairs them until the dates begin to form. What is the ruling on this?
The Shaykh:
Which of them is the one who thanks the seller and not the partner? I know the question.
The questioner:
A person has approximately one hundred of them, so he sells them to another person before the fruits are picked, on the condition that the buyer does with them
The Shaykh:
He sells them, and what he sells is the palms, not the fruits. If he is selling the palms, this is permissible, and whatever dates are on them follow them. Whatever dates are on them that are not pollinated follow them, as in the hadith.
And if he conditions that he takes their thorns and that he pollinates them, meaning the buyer conditions on the seller that when they open up, he pollinates them and that he takes their thorns, there is no harm. Such a condition is permissible. It is permissible for the buyer to condition on the seller a benefit, that he performs a benefit on the item sold, and this is one of them. Yes, he says: I buy from you these date palms on the condition that when they sprout, you pollinate them and you remove the thorns from them and repair them. There is no harm in this. Good.
For example, if I buy from him firewood, I buy a load of firewood and condition on him that he brings it into the house and that he breaks the firewood if it needs breaking, there is no harm in this. I buy from him cloth and condition that he cuts it and sews it, there is no harm in this. Yes.
Honorable Shaykh, a person has approximately one hundred date palms, so he sells them to another person before the fruits are pollinated, on the condition that the buyer then pollinates the palms, removes the thorns, adjusts them, and repairs them until the dates begin to form. What is the ruling on this?
The Shaykh:
Which of them is the one who thanks the seller and not the partner? I know the question.
The questioner:
A person has approximately one hundred of them, so he sells them to another person before the fruits are picked, on the condition that the buyer does with them
The Shaykh:
He sells them, and what he sells is the palms, not the fruits. If he is selling the palms, this is permissible, and whatever dates are on them follow them. Whatever dates are on them that are not pollinated follow them, as in the hadith.
And if he conditions that he takes their thorns and that he pollinates them, meaning the buyer conditions on the seller that when they open up, he pollinates them and that he takes their thorns, there is no harm. Such a condition is permissible. It is permissible for the buyer to condition on the seller a benefit, that he performs a benefit on the item sold, and this is one of them. Yes, he says: I buy from you these date palms on the condition that when they sprout, you pollinate them and you remove the thorns from them and repair them. There is no harm in this. Good.
For example, if I buy from him firewood, I buy a load of firewood and condition on him that he brings it into the house and that he breaks the firewood if it needs breaking, there is no harm in this. I buy from him cloth and condition that he cuts it and sews it, there is no harm in this. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرخصة في العرايا وبيع الأصول والثمار — islamhouse.com (25:52)
The Arabic text is a machine transcription of the audio recording.