Benefits of the Hadith: (The Messenger of Allah (peace and blessings be upon him) forbade the sale of fruits until their ripeness becomes apparent . . . ).

The Shaykh : This hadith contains several benefits:
First: The prohibition of selling fruits before their ripeness becomes apparent. The evidence for this is: .
Second: Among the benefits derived from this hadith, which branch from what came before, is that if a contract were concluded for them, the contract would be invalid. Why?
Because the prohibition relates to the essence of the prohibited thing, and when the prohibition relates to the essence of the prohibited thing, its performance is defective. Because if you were to validate what the Lawgiver has forbidden, the necessary consequence would be that you have made it considered. The Lawgiver did not forbid it except to invalidate it, to distance oneself from it, and to negate its effect and impact. Therefore, if fruits are sold before their ripeness becomes apparent, the sale is defective. And the fruit belongs to whom?
The student: To the seller.

The Shaykh : The fruit belongs to the seller and the price to the buyer. The scholars have excluded two issues from this: The first issue: If he sells it with the condition of cutting, meaning: with the condition that it is cut today or tomorrow, they said: This is permissible. Why? Because its risk is safe now; it will be cut now before it is exposed to risks.
If someone were to say: If he buys it with this condition, it is a waste of money, because if its ripeness has not become apparent, what will he do with it?! And the Prophet (peace and blessings be upon him) forbade the waste of money?
The answer to that is to say: A person can buy it as fodder for his livestock, such as dates, for example, and benefit from it. But if we know that he bought it to chop it up and then throw it on the ground, we prevent him from doing so because he is a spendthrift, and we do not allow him to waste money.
The second issue among those they excluded: They said: If he sells it to the owner of the original asset, there is no harm in it, even if its ripeness has not become apparent.
How to the owner of the original asset? Yes, a man took this palm tree for musaqah. In musaqah, the tree belongs to whom? To the owner of the land. The farmer has only what was stipulated for him from the fruit. So the farmer came and sold it to the owner of the original asset; he sold his share to the owner of the original asset. Did you visualize this or not?
The student: Yes.

The Shaykh : Well, some scholars say: This is permissible because he sold it to the owner of the original asset.
And another example: A man sold palm trees after they were pollinated. The fruit belongs to whom?
The student: For the buyer.

The Shaykh : No, after pollination, the fruit belongs to the seller. After pollination, the fruit belongs to the seller. Do you know what pollination is? Pollination is fertilization. The fruit here belongs to the seller, but the seller wanted to sell the fruit to the buyer of the palm trees. He says: This is permissible. Some scholars say: This is permissible. Why? He said: Because he sold it to whom? To the owner of the original asset. But this exception needs evidence. So the Prophet (peace and blessings be upon him): . The exception of the first scenario, which is if the condition of cutting is stipulated and it is cut, this is clear. It can be said that it is clear because it is money that is benefited from. But this issue, meaning, the one who claims its permissibility needs evidence.
They said: We have evidence, and it is the saying of the Prophet (peace and blessings be upon him): . Read the hadith: Who is the buyer?
The student: The purchaser.

The Shaykh : The purchaser who bought. They said: So he permitted the purchaser to stipulate the fruit of the palm trees, even though the fruit belongs to whom? To the seller. The fruit belongs to the seller. : Now the fruit belongs to the seller by virtue of the contract, but if the purchaser says: The fruit is with it, it is permissible by the text of the hadith, even though the ripeness of the fruit has not become apparent.
They said: So this is evidence that if the owner of the original asset buys the fruit, that is permissible. Did you understand the evidence?
The student: Yes.

The Shaykh : Well, let us look at whether this argument with this evidence is correct? If we look at this hadith or this evidence, we find that they have no evidence in it, because in this issue, the fruit becomes an accessory to the tree. And what is established as an accessory is not established independently. Is it not permissible for a man to sell a pregnant animal and its fetus is an accessory to it? And if he sold the fetus alone, it would not be permissible. So we say: In this hadith that you mentioned, the Messenger (peace and blessings be upon him) stated that the fruit, if pollinated, belongs to the seller, unless the buyer stipulates otherwise. And the point of that is: It is an accessory to the fruit, and the contract is one and not different?
The student: One.

The Shaykh : One, but an independent contract is concluded for the fruit, sold to the owner of the original asset, and we say: This is permissible?! It is not valid. This analogy is not correct. So what is excluded from this hadith according to the correct opinion?
The first scenario, which is: If he did not sell the fruit with the condition of cutting and cutting it, because the cause for which the prohibition existed has been removed.
Well, among the benefits of this hadith: The wisdom of the Shari'ah in transactions between people and the preservation of their wealth. Because this contract—meaning the sale of fruits before ripeness—leads to one of two things: either the loss of money or dispute and litigation. And this is undoubtedly a means of preserving wealth from one angle, and of preserving affection between Muslims and maintaining it.
And among the benefits of the hadith: It is recommended for a person, if he suspects that the intended meaning might be misunderstood, to specify the intended meaning. And that is because he forbade the sale of fruits before their ripeness and said: , even though it would suffice to say: , because there is no sale except between two people. It would have sufficed for the first one to say: He forbade the sale of fruits until their ripeness becomes apparent. But because it is possible that a person might suspect that the one forbidden is the seller alone, because the harm is feared for whom? For the buyer, he said: .
And among the benefits of this hadith: The indication of the cause of the prohibition, where when he was asked about their ripeness, he said: .
Well, and among the benefits of the hadith also: It is recommended for a person not to deal in a risky transaction, even if it is permissible, so that he does not fall into regret. Because if a person deals in a risky transaction and then the matter turns out contrary to what he expected, he regrets and becomes sad. And the Shari'ah combats regret, grief, worry, and sorrows. For this reason, the invocations (awrad) were prescribed for the person so that he remains always in joy.