The ruling on selling fruits before they are harvested, and the condition that they be free from defects at the time of harvest
Machine translationRead the Arabic original
Question:
Abu Abd al-Rahman, also from Unaizah, is inquiring about the validity of a condition in a sale. He says: If a farmer sells the fruit of his orchard to a person and conditions that he is free from liability for any defects that might affect the fruit until the harvest is complete, is this condition valid?
Answer:
There is no need for this condition. If the fruit shows signs of ripening, such as turning red or yellow, it is permissible to sell it after these signs appear. If a calamity strikes, meaning if it is severe, the Prophet (peace and blessings be upon him) ordered that calamities be waived. He said, “How can one of you consume the wealth of his brother?” So if a calamity strikes the fruit and destroys it or a large part of it, the Prophet (peace and blessings be upon him) ordered that calamities be waived because the buyer has not taken full possession of it, as it is still on the tops of the palm trees and is exposed to calamities and damage. Muslims are sincere advisors to one another. Yes.
Abu Abd al-Rahman, also from Unaizah, is inquiring about the validity of a condition in a sale. He says: If a farmer sells the fruit of his orchard to a person and conditions that he is free from liability for any defects that might affect the fruit until the harvest is complete, is this condition valid?
Answer:
There is no need for this condition. If the fruit shows signs of ripening, such as turning red or yellow, it is permissible to sell it after these signs appear. If a calamity strikes, meaning if it is severe, the Prophet (peace and blessings be upon him) ordered that calamities be waived. He said, “How can one of you consume the wealth of his brother?” So if a calamity strikes the fruit and destroys it or a large part of it, the Prophet (peace and blessings be upon him) ordered that calamities be waived because the buyer has not taken full possession of it, as it is still on the tops of the palm trees and is exposed to calamities and damage. Muslims are sincere advisors to one another. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، حكم بيع الثمار قبل حصادها، واشتراط خلوها من العيوب عند الحصاد – الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
