Benefits of the Hadith: (Whoever buys date palms after they have been pollinated, their fruit belongs to the seller . . . ).
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The Shaykh : His saying: Sunan an-Nasa'i 4636 to the end of the hadith, from which several benefits are derived:
The first benefit: That if a person buys date palms after pollination, their fruit belongs to the seller, and the hadith is explicit in this. The wisdom is that the seller performed work on this fruit that improves it, because pollination improves the dates. Since he did work on it that improves it, his heart became attached to it, and he had an influence on it. Therefore, the Lawgiver made it his.
And from the benefits of the hadith: If he sold them before pollination, the fruit belongs to the buyer, because the seller did not do anything to them. Its apparent meaning is that this applies even if the fruit splits open: meaning the calyx opens to reveal the fruit, contrary to the opinion of some scholars: that if the fruit splits open, it belongs to the seller. And this opinion is weak without a doubt, because if we tied the ruling to the splitting, we would be distorting the text in two ways:
The first way: That we considered the basis of the ruling to be something the Lawgiver did not consider. What is this?
If we consider the basis of the ruling to be what?
The splitting, and the Lawgiver did not consider it.
The second: That we nullified a description the Lawgiver considered, and this is undoubtedly a transgression. The Lawgiver made the description what? For pollination, and the cause is clear in it, so it is not correct to include splitting with it. A parallel to this distortion is the distortion by some scholars -may Allah have mercy on them- of the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1079Sahih (Darussalam), and his saying: Sahih Muslim 82b: where they distorted the hadith to mean that the intended person is one who left it while denying its obligation. And without a doubt, this opinion is weak, because one who denies its obligation is a disbeliever whether he left it or not. Even if a person comes early to the prayer, and preserves it and prays with the congregation, but he considers it a recommended practice, he is a disbeliever. So at that time we say: We considered what? We considered a description the Shari'ah did not consider, and we nullified a description the Shari'ah considered, which is leaving it. And this is distortion without a doubt: that a person nullifies a description to which the Lawgiver tied the ruling, and then comes with another description.
Then it is refuted by the one who prays while believing it is not obligatory, for in their view he is a disbeliever, and the hadith does not indicate his disbelief if we take the indication they claimed, because the hadith indicates that the one who left it [is the one referred to], and this interpretation is one that we can rightly say is distortion.
A parallel to it is the distortion by some of the saying of Allah the Exalted:[An-Nisa 4:93]: They said the intended meaning is: one who killed him while considering the killing permissible. And this opinion was presented to Imam Ahmad, and he smiled, and said: "Glory be to Allah, if he considers the killing permissible, he is a disbeliever even if he did not kill him", and the warning is for whom? For the killer. So this is considering a description the Lawgiver did not consider and nullifying a description the Lawgiver considered.
And the reason for committing such things: meaning if someone were to say: How are these distinguished scholars, how do they commit such things?
We say: The reason is the cause that must be abandoned, which is: that a person believes first, then seeks evidence. Because if he believes first and then seeks evidence, he tries to distort all the texts that contradict his belief to what his belief requires. And at that time, he makes the texts followers rather than followed. And it is obligatory for every believer to seek evidence first, then believe, so that belief follows the evidence, so that the proofs are followed, not followers.
In any case, we want -this is a digression, but it is for benefit, if Allah wills- if he sold date palms before they were pollinated and before they split, whose is the fruit? The buyer's, because this is the apparent meaning of the hadith, so it is obligatory to act upon it.
Now, from the benefits of the hadith: Considering the hearts in what they are attached to. This benefit is clear, isn't it?
The student: Yes.
The Shaykh : Because the Lawgiver considered the seller who pollinated the date palms, as his heart is attached to it. And this is even in matters of worship, meaning in transactions it may be apparent, but even in matters of worship, have you not seen the man who came to the Messenger of Allah (peace and blessings be upon him) and said:: So when he saw his heart attached to going to Bayt al-Maqdis, he did not prevent him, let him go. And the Mother of the Believers Aisha (may Allah be pleased with her) entered the state of ihram for tamattu' from 'Umrah to Hajj in the Farewell Pilgrimage, and she was afflicted with menstruation at Sarif and was unable to complete the 'Umrah, so the Prophet (peace and blessings be upon him) ordered her to include Hajj with the 'Umrah, and she would thereby get the reward of an 'Umrah and a Hajj, the reward of an 'Umrah and a Hajj, until he said to her: : But when the people finished the Hajj, she insisted on the Messenger of Allah (peace and blessings be upon him) to perform an 'Umrah, so the Messenger (peace and blessings be upon him) permitted her, and sent with her her brother 'Abd al-Rahman ibn Abi Bakr, and he did not say to him: Enter the state of ihram for 'Umrah because you are going to the miqat, and he did not guide him to that, which indicates that the 'Umrah after Hajj is specifically for one who was like Aisha (may Allah be pleased with her), not for everyone.
In any case, I say: The Shari'ah, praise be to Allah, gives the soul some of its desires. The Prophet (peace and blessings be upon him) permitted a person, if a relative died, to wear the clothes of mourning for three days, because the soul may be broken by the calamity and unable to do what a person who is not afflicted would do, so the Shari'ah permitted him to wear the clothes of mourning for only three days. The important thing is that we say: This is so that you may know that the Shari'ah, praise be to Allah, is suitable for the fitrah and what the souls require, and this is from the mercy of Allah (Mighty and Majestic). Now, yes.
Whoever buys a date-palm tree after it has been pollinated
من ابتاع نخلاً بعد أن تؤبرThe first benefit: That if a person buys date palms after pollination, their fruit belongs to the seller, and the hadith is explicit in this. The wisdom is that the seller performed work on this fruit that improves it, because pollination improves the dates. Since he did work on it that improves it, his heart became attached to it, and he had an influence on it. Therefore, the Lawgiver made it his.
And from the benefits of the hadith: If he sold them before pollination, the fruit belongs to the buyer, because the seller did not do anything to them. Its apparent meaning is that this applies even if the fruit splits open: meaning the calyx opens to reveal the fruit, contrary to the opinion of some scholars: that if the fruit splits open, it belongs to the seller. And this opinion is weak without a doubt, because if we tied the ruling to the splitting, we would be distorting the text in two ways:
The first way: That we considered the basis of the ruling to be something the Lawgiver did not consider. What is this?
If we consider the basis of the ruling to be what?
The splitting, and the Lawgiver did not consider it.
The second: That we nullified a description the Lawgiver considered, and this is undoubtedly a transgression. The Lawgiver made the description what? For pollination, and the cause is clear in it, so it is not correct to include splitting with it. A parallel to this distortion is the distortion by some scholars -may Allah have mercy on them- of the saying of the Prophet (peace and blessings be upon him):
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفرBetween man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThen it is refuted by the one who prays while believing it is not obligatory, for in their view he is a disbeliever, and the hadith does not indicate his disbelief if we take the indication they claimed, because the hadith indicates that the one who left it [is the one referred to], and this interpretation is one that we can rightly say is distortion.
A parallel to it is the distortion by some of the saying of Allah the Exalted:
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.
ومن يقتل مؤمنًا متعمدًا فجزاؤهم جهنم خالداً فيها وغضب الله عليه ولعنه وأعد له عذابًا عظيمًاAnd the reason for committing such things: meaning if someone were to say: How are these distinguished scholars, how do they commit such things?
We say: The reason is the cause that must be abandoned, which is: that a person believes first, then seeks evidence. Because if he believes first and then seeks evidence, he tries to distort all the texts that contradict his belief to what his belief requires. And at that time, he makes the texts followers rather than followed. And it is obligatory for every believer to seek evidence first, then believe, so that belief follows the evidence, so that the proofs are followed, not followers.
In any case, we want -this is a digression, but it is for benefit, if Allah wills- if he sold date palms before they were pollinated and before they split, whose is the fruit? The buyer's, because this is the apparent meaning of the hadith, so it is obligatory to act upon it.
Now, from the benefits of the hadith: Considering the hearts in what they are attached to. This benefit is clear, isn't it?
The student: Yes.
The Shaykh : Because the Lawgiver considered the seller who pollinated the date palms, as his heart is attached to it. And this is even in matters of worship, meaning in transactions it may be apparent, but even in matters of worship, have you not seen the man who came to the Messenger of Allah (peace and blessings be upon him) and said:
O Messenger of Allah -in the year of the Conquest-: I vowed that if Allah opened up Makkah for you, I would pray in Bayt al-Maqdis. He said: Pray here. He repeated it to him, and he said: Pray here. He repeated it to him, and he said: Then do as you wish.
يا رسول الله -في عام الفتح- : إني نذرت إن فتح الله عليك مكة أن أصلي في بيت المقدس ، قال : صل هاهنا ، فأعاد عليه قال : صل هاهنا فأعاد عليه ، قال : شأنَك إذًاYour circumambulation of the House, and of al-Safa and al-Marwah, suffices you for your Hajj and 'Umrah.
طوافك بالبيت ، وبالصفا والمروة ، يسعك لحجك وعمرتكIn any case, I say: The Shari'ah, praise be to Allah, gives the soul some of its desires. The Prophet (peace and blessings be upon him) permitted a person, if a relative died, to wear the clothes of mourning for three days, because the soul may be broken by the calamity and unable to do what a person who is not afflicted would do, so the Shari'ah permitted him to wear the clothes of mourning for only three days. The important thing is that we say: This is so that you may know that the Shari'ah, praise be to Allah, is suitable for the fitrah and what the souls require, and this is from the mercy of Allah (Mighty and Majestic). Now, yes.