What is the ruling on buying palm shoots without specifying their characteristics and type?
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The questioner : In the name of Allah, peace and mercy and blessings of Allah be upon you.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : Your Eminence, some farm owners buy, for example, fifty palm shoots for fifty thousand, without specifying the type or the same size of the shoots, but they stipulate that he must not sell anything until he takes his right of the fifty. If this is not permissible, what is your opinion regarding urging the imams of the mosques to address this, because it is widespread? And if it is permissible, please issue a ruling for us on this. May Allah reward you with good.
The Shaykh : There is no doubt that if he buys palm shoots from him, it falls into two categories:
The first category: that he buys from him something described in the debt (mawsuuf bi al-dhimmah). In this case, it is necessary to specify the type, quantity, and size, due to the saying of the Prophet (peace and blessings be upon him):Mishkat al-Masabih 2883. For example, he says: I bought from you one hundred shoots of the sugar date variety, for such and such amount of dirhams.
As for if it is specific, such as if he says: I bought from you the shoot of this date palm, then it is necessary to specify the shoot, and it is not valid for it to be described, rather he says: these ten shoots, and he specifies them and names them by what they are known by. If it is not so, then it is unknown, and it is established in Sahih Muslim from Abu Hurayrah (may Allah be pleased with him):Mishkat al-Masabih 2863.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : Your Eminence, some farm owners buy, for example, fifty palm shoots for fifty thousand, without specifying the type or the same size of the shoots, but they stipulate that he must not sell anything until he takes his right of the fifty. If this is not permissible, what is your opinion regarding urging the imams of the mosques to address this, because it is widespread? And if it is permissible, please issue a ruling for us on this. May Allah reward you with good.
The Shaykh : There is no doubt that if he buys palm shoots from him, it falls into two categories:
The first category: that he buys from him something described in the debt (mawsuuf bi al-dhimmah). In this case, it is necessary to specify the type, quantity, and size, due to the saying of the Prophet (peace and blessings be upon him):
Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.
من أسلف في شيء فليسلف في كيل معلوم، ووزن معلوم، إلى أجل معلومAs for if it is specific, such as if he says: I bought from you the shoot of this date palm, then it is necessary to specify the shoot, and it is not valid for it to be described, rather he says: these ten shoots, and he specifies them and names them by what they are known by. If it is not so, then it is unknown, and it is established in Sahih Muslim from Abu Hurayrah (may Allah be pleased with him):