The ruling on selling date palms before pollination
Machine translationRead the Arabic original
The questioner:
The questioner says: If a person sells date palms that have not been pollinated, and they have dates whose sheaths are opening, does the fruit belong to the seller?
The Shaykh:
Yes, if it appears, it belongs to the seller, even if it has not been pollinated. Because when the sheath opens, it is ready for pollination and has emerged and become visible, so it belongs to the seller. Yes.
The questioner:
May Allah reward you. The questioner says: What if he bought from two sellers?
The Shaykh:
The scholars say that the Messenger (peace and blessings be upon him) tied the ruling to pollination by way of prioritizing the more common case, not by way of restricting the ruling to the majority. Rather, when the sheath opens, it becomes visible and seen, so it belongs to the seller.
The questioner says: If a person sells date palms that have not been pollinated, and they have dates whose sheaths are opening, does the fruit belong to the seller?
The Shaykh:
Yes, if it appears, it belongs to the seller, even if it has not been pollinated. Because when the sheath opens, it is ready for pollination and has emerged and become visible, so it belongs to the seller. Yes.
The questioner:
May Allah reward you. The questioner says: What if he bought from two sellers?
The Shaykh:
The scholars say that the Messenger (peace and blessings be upon him) tied the ruling to pollination by way of prioritizing the more common case, not by way of restricting the ruling to the majority. Rather, when the sheath opens, it becomes visible and seen, so it belongs to the seller.
Source
شرح عمدة الأحكام، باب العرايا - باب السّلم - باب الشّروط في البيع — islamhouse.com (1:12:35)
The Arabic text is a machine transcription of the audio recording.