Some merchants buy fruits before they ripen for a period of one or two years; is this permissible?
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The questioner : Some merchants buy fruits before they ripen for a period of one or two years; is this permissible?
The Shaykh : Buying fruits before they ripen for a period of one or two years falls into two categories:
The first is that one buys a described item from the seller’s liability, such as buying one hundred sa’ (a dry measure of about 3 kg) of wheat to be delivered after one or two years, with the price paid in hand at the time of the contract. This is permissible, and this is the salam (forward sale) that the Companions (may Allah be pleased with them) practiced during the time of the Prophet (peace and blessings be upon him), as Abdullah ibn Abbas (may Allah be pleased with him and his father) said: “The people used to make forward sales in fruits for one or two years.” So the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2240.
The second is that one buys the fruit of this specific palm tree for a period of one or two years. This is forbidden and not permissible, because it is a sale of a non-existent and unknown item. It is established from the Prophet (peace and blessings be upon him):Sunan Abi Dawud 3367Sahih (Al-Albani) He forbade the seller and the buyer. This is the ruling on this issue.
The questioner : May Allah bless you.
The Shaykh : Buying fruits before they ripen for a period of one or two years falls into two categories:
The first is that one buys a described item from the seller’s liability, such as buying one hundred sa’ (a dry measure of about 3 kg) of wheat to be delivered after one or two years, with the price paid in hand at the time of the contract. This is permissible, and this is the salam (forward sale) that the Companions (may Allah be pleased with them) practiced during the time of the Prophet (peace and blessings be upon him), as Abdullah ibn Abbas (may Allah be pleased with him and his father) said: “The people used to make forward sales in fruits for one or two years.” So the Prophet (peace and blessings be upon him) said:
Whoever pays in advance the price of a thing to be delivered later should pay it for a specified measure at specified weight for a specified period.
من أسلف في شيء فليسلف كيل معلوم ووزن معلوم إلى أجل معلومThe second is that one buys the fruit of this specific palm tree for a period of one or two years. This is forbidden and not permissible, because it is a sale of a non-existent and unknown item. It is established from the Prophet (peace and blessings be upon him):
The Messenger of Allah (ﷺ) forbade the sale of fruits till they were clearly in good condition
أنه نهى عن بيع الثمار حتى يبدو صلاحهاThe questioner : May Allah bless you.