Continuation of the benefits of the hadith: (Whoever buys date palms after they have been pollinated, their fruit belongs to the seller . . . ).

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
Among the benefits of the hadith is also: the permissibility of selling date palms with fruit on them, and the permissibility of selling them before and after pollination. But if one sells the date palms, what does the sale cover? Does the sale cover the tree itself and the land, or the tree alone?
That is to say: for example, I sold you a date palm, does this include its land, or is it specific to the date palm only?
The difference between the two cases is that if we say it includes the land, and that tree dies or is affected by something that destroys it, does the land remain for the buyer or not?
If we say that the land follows the date palm, then it remains for the buyer.
And if we say that the land does not follow the date palm, then the land remains for the seller. We say regarding this issue: the reference is to custom. And custom with us is that if people say: So-and-so sold a date palm, they mean the entire orchard, its land and its trees. So if custom dictates that the date palm is the tree only, without the land, then if the date palm is destroyed, its buyer does not own the right to plant anything in its place, because the sale does not include the land. The scholars said the same regarding if one pledges date palms, or endows date palms, or something similar: does the land follow the date palm or not?
The original rule is that the land does not follow, because the land is the root and the tree is the branch, just as the tree is the root and the fruit is the branch. Unless there is a custom that contradicts this, in which case the reference is to the custom. The hadith with us says: : So the object of the contract is the date palm. It is known that the date palm, in most cases, if sold after pollination, will remain. But what we mentioned is not actually taken from the hadith, neither as a negation nor an affirmation, but we mentioned it for its importance.
Among the benefits of the hadith is: that it is permissible for the buyer to stipulate the fruit for himself after pollination, based on the saying of the Prophet (peace and blessings be upon him): .
Among the benefits of the hadith is: " That what is established as a follower is established, even if it is not established independently " . The point is: if a person bought the fruit alone after pollination and before the signs of ripeness appear, we have previously stated that this is not permissible, or is it?
The student: Yes.

The Shaykh : All right, and if he bought the date palms after pollination, and the fruit in this case belongs to the seller, and he stipulated it for himself, is it permissible? Why?
Because the fruit has now become a follower of the tree. As for what the prohibition was mentioned regarding, it is the sale of the fruit alone. And this rule was approved by the scholars, based on what came in the Sunnah: " That what is established as a follower is established, even if it is not established independently " .
All right, if he sold it before pollination, and stipulated to the buyer that the fruit is for him, is this permissible? That is the opposite of what came in the hadith. The hadith says he sold it after pollination and the buyer stipulated that the fruit is for him. The scenario I just mentioned: he sold it before pollination, so who does the fruit belong to?
It belongs to the buyer, but the seller stipulated it for himself. Is this permissible or not?
The student: It is permissible.

The Shaykh : Is it permissible?! All right, if we say it is permissible, then a problem remains for us, which is: the seller owns the fruit before the signs of ripeness appear. So what is the answer?
We say: this is a continuation of ownership, not a creation of new ownership. In other words, when the seller sold it, he excluded this fruit from the sale, meaning: he retained his ownership of it. Did you understand, everyone? All right, so the difference between a person who buys the fruit independently and one who retains his ownership of it has become clear.
If someone says: And if we say the sale is valid, and the fruit is struck by a calamity, does the buyer guarantee it to the seller? Because the Messenger (peace and blessings be upon him) said: , so does this seller who stipulated that the fruit is for him, if the fruit is struck, turn to the buyer?
The answer is: he does not turn to him. If this is difficult for you, the hadith is clear and says: : and the seller here did not buy, but rather retained his ownership. So he did not own it from the side of the buyer to be guaranteed to him, but he retained his ownership of it.
And on this basis, if this fruit that the seller stipulated is struck by a calamity, he does not turn to the buyer.
All right, we say regarding the opposite of this: if the buyer stipulated the fruit that the seller is entitled to, and it is struck by a calamity. And when is the seller entitled to it? Hmm? After pollination. So the buyer stipulated it and the seller agreed, and the fruit became for the buyer, and it was struck by a calamity. Does the buyer turn to the seller or not?
The student: He turns to him.
Another student: He does not turn to him.

The Shaykh : Yes, all right, think about it. Since you disagreed, it means the issue needs consideration; it is not settled. Since you disagreed, the issue needs consideration.
So those who said that he turns to him, we need to clarify their argument. Who said yes?
The student: The hadith of the Prophet (peace and blessings be upon him).

The Shaykh : What did he say?
The student: The first: that it be without stipulation, and this he bought it with the seller's condition.

The Shaykh : And what did the Messenger say: ?
The student: If you take without right.

The Shaykh : Yes.
The student: So now this he bought with money, didn't he?

The Shaykh : But did this one sell the fruit and not the tree?
The student: He sold the fruit and the tree as well.

The Shaykh : If you say that he sold the fruit, we fall into a problem. We said: it is not valid to sell it before the signs of ripeness appear. When you say that this is a sale of the fruit, it necessitates that the sale is invalid because it is before the signs of ripeness.
The student: No, it is a sale following the date palms, but a condition also fell upon it.

The Shaykh : That is to say, now if the seller said: I sold you the date palms for one hundred thousand, and the fruit for ten thousand, the sale is not valid.
The student: Following?

The Shaykh : No, he said it this way: I sold you the date palms for one hundred thousand and the fruit for ten thousand. Is it valid?
The student: The contract alone is not valid.

The Shaykh : Absolutely not. I sold you this, this is the expression: I sold you the date palms for one hundred thousand and the fruit for ten thousand.
The student: It is not permissible.

The Shaykh : So this one did not say I sold you this date palm and this fruit, so that we say the sale was contracted upon it.
The student: It is permissible if there is ...

The Shaykh : Metaphor is forbidden.
The student: No, no, we did not say metaphor, O Shaykh.

The Shaykh : It is permissible, and what does permissible mean? Permissible is this metaphor.
Yes, it appears to me that he does not turn to him. The jurists explicitly stated that he does not turn to him, there is no doubt. But the discussion in any case: if it is said that he turns to him, it is possible. The date palms are valued without the fruit, and valued with the fruit, and the difference between them is the value of the fruit. But it is not valued because this is a follower, and the hadith says: and I did not sell it. So it resembles -Allah knows best- a description. And the saying that he turns to him has a strong aspect in reality, because it appears that the buyer's stipulation of the fruit will increase the price. That is to say, it is not the same for the seller to sell it with the fruit for him or to sell it with the fruit for the buyer. There is no doubt that the price will increase. Therefore, the saying that he turns to the buyer is more probable. We did not intend that the buyer is the one who stipulated; he turns to the seller because the buyer stipulated that the fruit be for him.
And the saying of the Messenger (peace and blessings be upon him): this is based on the common case. As for one who sold date palms with fruit on them belonging to the seller and he stipulated it, it appears that the saying that he turns to him, as if he bought it independently, is strong.
And the issue needs reflection in reality, it needs reflection, because as I mentioned, if the buyer stipulates that the fruit is for him, it will increase the price without doubt. Yes, that is right.
All right, and among the benefits of this hadith is: the permissibility of conditions in sale, or more correctly: " The permissibility of sale with conditions " : And this has many principles that testify to it in general and specific. From the general evidence for the permissibility of conditions in contracts is the saying of Allah the Exalted: , and fulfilling the contract includes fulfilling its root, and fulfilling its description. And every condition stipulated in the contract is one of its descriptions. Every condition stipulated in the contract is one of its descriptions. And the command in the verse is general for fulfilling the root, and what comes after? The description. And for His saying the Exalted: , and the one who stipulates conditions upon himself is making a covenant with the one who stipulated them. So this verse indicates the permissibility of conditions and fulfilling them. And for the saying of the Prophet (peace and blessings be upon him): All right, these are general, general evidence. And for his saying (peace and blessings be upon him): : all these are general evidence from the Book and the Sunnah, two proofs from the Qur'an and two proofs from the Sunnah.
As for the specific, it is established in *al-Sahihayn* and others from the hadith of Jabir: , and this is a text regarding conditions in sales.
It is established in *al-Bukhari and Muslim* from the hadith of Aisha (may Allah be pleased with her) regarding the story of Barbara, where they stipulated that the clientage (wala') would belong to them, so the Messenger of Allah (peace and blessings be upon him) invalidated it and said: . This is evidence that this specific condition in the contract of sale, if it did not contradict the Shari'ah, would have been valid. The meaning of this hadith is clear and explicit.
Therefore, what came in the hadith: must be understood as applying to a condition that has an effect in invalidating the contract. As for what has no effect in invalidating the contract, this hadith does not cover it. Is that clear? We have previously discussed similar matters, such as: , and we said that such prohibitions are applied to the rest of the texts and are understood as referring to what the texts indicate is invalid. Now, if someone asks: Is what is other than date palms, such as grapes, figs, oranges, and the like, included with them?
Yes, yes, it is included with them. Whatever is equal to it in the operative cause ('illah) is like it, because the legal maxim is: "The Shari'ah does not contradict itself". As for what is from Allah, there is no difference in it, neither little nor much.
What is from other than Allah contains much defect, and what comes from Allah contains no defect. The Shari'ah never distinguishes between two similar things, nor does it equate two different things. If you imagine something contrary to this rule, examine your own self; do not rely on your opinion, for opinion is a treacherous guide, because the texts are precise and accurate from Allah, preserved by the preservation of Allah, whereas your imagination is limited and prone to error. So, examine the opinion in comparison to the Shari'ah.
And do not rely on yourself. Based on this, we say: whatever is equal to date palms in the operative cause is like them. If the fruit is in a state where it is desirable to pollinate it but its flowers have not yet opened, it follows the tree and belongs to whom? To the buyer. If it grows and people become attached to it and its flowers open, it belongs to the seller. In these matters where there is no pollination, one refers to what the people of the trade say about them.