Conditioning the largest cluster of dates in musaqah
Machine translationRead the Arabic original
Question:
The Shaykh’s report to us is that the owner of the date palm hands it over to be improved, and then he irrigates it. At harvest time, he takes the largest cluster from it. It may be large or small, and theft may occur in it. Is this permissible?
Answer:
No, this is not permissible. Taking the largest cluster from it is not permissible. This is unknown. There may be no clusters in it, or there may be no large clusters; they may all be small clusters. If there is something large in it, the condition is not fulfilled, and a dispute arises. The correct ruling is that he should specify a share, such as a quarter, a tenth, or a fifth—a shared portion that is defined. Yes, the largest cluster, or what?
The Shaykh’s report to us is that the owner of the date palm hands it over to be improved, and then he irrigates it. At harvest time, he takes the largest cluster from it. It may be large or small, and theft may occur in it. Is this permissible?
Answer:
No, this is not permissible. Taking the largest cluster from it is not permissible. This is unknown. There may be no clusters in it, or there may be no large clusters; they may all be small clusters. If there is something large in it, the condition is not fulfilled, and a dispute arises. The correct ruling is that he should specify a share, such as a quarter, a tenth, or a fifth—a shared portion that is defined. Yes, the largest cluster, or what?
Source
قناة «العلامة الدكتور صالح الفوزان»، 26 من 89|شرح العدة في شرح العمدة|البيوع|باب المساقاة والمزارعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:00:33)
The Arabic text is a machine transcription of the audio recording.