regarding the criterion for guarantee between the seller and the buyer?
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The questioner : Shaykh, may Allah reward you with good. Regarding... does it include things other than fruits?
The Shaykh : What?
The questioner : Things other than fruits?
The Shaykh : Like what?
The questioner : Such as goods.
The Shaykh : No, absolutely not. Because anything other than fruits, as soon as a person buys it and takes possession of it, it enters into his guarantee. But the fruit remains guaranteed by the seller until the time of its taking. For this reason, we said: if the buyer is negligent and does not take it at its time, on whom is the guarantee? On the buyer.
The questioner : It is specific to fruits.
The Shaykh : Yes, it is specific to fruits, because they are fruits. It is specific to the fact that the time for taking possession has not yet arrived, unlike other goods. Yes?
The questioner : May Allah reward you. I say: The saying of the Prophet (peace and blessings be upon him): : Can it be analogized, may Allah reward you, to what is other than palm trees?
The Shaykh : And wait, be patient, may Allah reward you with good. We have only taken two benefits. Now, be patient a little, yes?
The questioner : Pollination, oh Shaykh, is it done by the seller or the buyer, or by one of them alone?
The Shaykh : It appears that you do not know the farmers, yes. You must study with a farmer first, do you understand, yes?
The questioner : For example, if a seller sold a pollinated palm tree and a buyer bought it, then sold it, does that mean the second buyer is the owner of the fruit?
The Shaykh : How? The fruit belongs to the first one.
The questioner : No, a pollinated palm tree that he bought.
The Shaykh : Huh?
The questioner : A tree that had been pollinated, he sold it, and the buyer sold it.
The Shaykh : It had been pollinated, so it belongs to the seller.
The questioner : No, he stipulated.
The Shaykh : He stipulated that it belongs to him. It will come to us in the benefits, if Allah wills.
The author said, in what he transmitted from Ibn 'Umar (may Allah be pleased with him and his father), from the Prophet (peace and blessings be upon him), that he said:Sunan an-Nasa'i 4636 to the end of the hadith:
And its explanation has preceded, and we took something of its benefits. And the benefits that we took, Fahd?
The Shaykh : What?
The questioner : Things other than fruits?
The Shaykh : Like what?
The questioner : Such as goods.
The Shaykh : No, absolutely not. Because anything other than fruits, as soon as a person buys it and takes possession of it, it enters into his guarantee. But the fruit remains guaranteed by the seller until the time of its taking. For this reason, we said: if the buyer is negligent and does not take it at its time, on whom is the guarantee? On the buyer.
The questioner : It is specific to fruits.
The Shaykh : Yes, it is specific to fruits, because they are fruits. It is specific to the fact that the time for taking possession has not yet arrived, unlike other goods. Yes?
The questioner : May Allah reward you. I say: The saying of the Prophet (peace and blessings be upon him):
He sold his palm trees
باع نخلهThe Shaykh : And wait, be patient, may Allah reward you with good. We have only taken two benefits. Now, be patient a little, yes?
The questioner : Pollination, oh Shaykh, is it done by the seller or the buyer, or by one of them alone?
The Shaykh : It appears that you do not know the farmers, yes. You must study with a farmer first, do you understand, yes?
The questioner : For example, if a seller sold a pollinated palm tree and a buyer bought it, then sold it, does that mean the second buyer is the owner of the fruit?
The Shaykh : How? The fruit belongs to the first one.
The questioner : No, a pollinated palm tree that he bought.
The Shaykh : Huh?
The questioner : A tree that had been pollinated, he sold it, and the buyer sold it.
The Shaykh : It had been pollinated, so it belongs to the seller.
The questioner : No, he stipulated.
The Shaykh : He stipulated that it belongs to him. It will come to us in the benefits, if Allah wills.
The author said, in what he transmitted from Ibn 'Umar (may Allah be pleased with him and his father), from the Prophet (peace and blessings be upon him), that he said:
Whoever buys a date-palm tree after it has been pollinated
من ابتاع نخلا بعد أن تؤبرAnd its explanation has preceded, and we took something of its benefits. And the benefits that we took, Fahd?