His Eminence the Shaykh, we ask you to clarify for us the rulings on selling the fruits of date palms, especially since most of the date palm fruits have died due to the intense heat.
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
He says:The questioner : Peace be upon you and Allah's mercy and blessings. His Eminence the Shaykh, we ask you to clarify for us the rulings on selling the fruits of date palms, especially since most of the date palm fruits have died due to the intense heat.
The Shaykh : Yes, selling date palms means: selling the fruit on the tree is permissible, because the Prophet (peace and blessings be upon him) permitted it on the condition that the fruit turns red or yellow. He forbade selling fruits until their goodness becomes apparent. If he sells them and then they are struck by a calamity of heat, rain, or wind, the buyer has the option to cancel the sale, based on the saying of the Prophet (peace and blessings be upon him and his family):Sahih Muslim 1554a The Prophet (peace and blessings be upon him) forbade the seller, if a calamity strikes the fruit, from taking the price, and he said: Sahih Muslim 1554a However, if the defect that occurred was caused by the buyer, such as if he prunes it or splits the fruit clusters, then there is no liability on the seller, because the defect occurred due to the buyer's action. Likewise, if he delays cutting it down until the rainy season arrives and rain falls on the fruit and spoils it, the buyer has no option to cancel, because he was the one who neglected to act promptly.
If a person asks: Is it permissible for the seller to say to the buyer: If a calamity strikes it, I will estimate the loss for you and you will not return it? Do you understand now? He says: I am selling you the fruit, but if a calamity strikes it, such as the spoilage of the dates or something similar, I will estimate the value and you will not return it. If the buyer agrees to this condition, then it is permissible.
He says:The questioner : Peace be upon you and Allah's mercy and blessings. His Eminence the Shaykh, we ask you to clarify for us the rulings on selling the fruits of date palms, especially since most of the date palm fruits have died due to the intense heat.
The Shaykh : Yes, selling date palms means: selling the fruit on the tree is permissible, because the Prophet (peace and blessings be upon him) permitted it on the condition that the fruit turns red or yellow. He forbade selling fruits until their goodness becomes apparent. If he sells them and then they are struck by a calamity of heat, rain, or wind, the buyer has the option to cancel the sale, based on the saying of the Prophet (peace and blessings be upon him and his family):
If you were to sell fruits to your brother) and these is a stricken with Calamity, it is not permissible for you to get anything from him. Why do you get the wealth of your brother, without jutification?
إذا بعت من أخيك ثمراً فأصابته جائحة فلا يحل لك أن تأخذ منه شيئاً، بم تأخذ مال أخيك بغير حق ؟Why do you get the wealth of your brother, without jutification?
بم تأخذ مال أخيك بغير حق ؟If a person asks: Is it permissible for the seller to say to the buyer: If a calamity strikes it, I will estimate the loss for you and you will not return it? Do you understand now? He says: I am selling you the fruit, but if a calamity strikes it, such as the spoilage of the dates or something similar, I will estimate the value and you will not return it. If the buyer agrees to this condition, then it is permissible.