Explanation of the author's statement: "And it is valid to sell what is eaten inside it, such as pomegranates and watermelons, and to sell fava beans and the like in their shells, and hard grain in its ear"
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The Shaykh : He says "And it is valid to sell what is eaten inside it, such as pomegranates and watermelons, and to sell fava beans and the like in their shells" "It is valid to sell what is eaten inside it, such as pomegranates" Is there anything other than pomegranates? Watermelons. Is there anything other than watermelons?
The questioner : Oranges.
The Shaykh : Oranges. Are there fruits other than that? Eggs, yes>
The questioner : Coconut.
The Shaykh : And coconut, but that is all, it is finished. It is valid to sell what is eaten inside it because custom has established it and people have transacted with it without objection, and because opening it would spoil it. The Prophet (peace and blessings be upon him) forbade the waste and spoilage of wealth. So if it were said, "Do not sell eggs unless you peel them," what would happen? They would be ruined. And if it were said, "Do not sell oranges unless you peel them," they would also be ruined. But what do you say if the buyer says, "I will not buy until you cut the watermelon," which is called by their custom "on the knife"? Is it valid? We say yes, it is valid, because this is a specific transaction. Now, some sellers, especially sellers of watermelon, cut one open and display it. When people see it and it is red, meaning it is good, this resembles selling a sample, does it not? It resembles selling a sample. So if he sells me one and I take it home and cut it open and it is whiter than a headscarf, do I have the right to return it to him?
The questioner : Yes.
The Shaykh : Yes?
The questioner : Shaykh, but it is required that it be like the rest, meaning...
The Shaykh : This is like it.
The questioner : He does not know...
The Shaykh : The important thing is that he can return it?
The questioner : Yes.
The Shaykh : It appears that he can return it. And although this is not a verbal condition, it is a practical condition, as if this seller is saying, "O people, this watermelon is of this quality." So it appears that he has the right to return it. Now, is it valid? Yes.
Pomegranates. And likewise, the sale of fava beans and the like, in my view, such as chickpeas, walnuts, and almonds. I do not know fava beans, but chickpeas are known, walnuts are known, and almonds are known. All of them are eaten inside their shells. Some people told me a strange story: bananas were served to an uneducated man from a lawful source who did not know, so he started taking the peels and eating them, leaving the flesh, and saying, "This flesh is bitter and not edible." So is what is eaten inside it or outside? No, according to this man, what is eaten is outside. But the correct view is that what is eaten is inside it, so it is valid. Now.
And the sale of fava beans and the like in their shells. The evidence for this is that it is valid to sell these things in their shells, as we mentioned a moment ago. The need for it and people's transaction with it without objection, and because opening them would be a cause of their spoilage. There is also evidence from the Sunnah, which is that the Prophet (peace and blessings be upon him)Al-Mustadrak lil-Hakim 20:66 grain, barley, and wheat until it hardens. And it is known that by the implication of the hadith, if it hardens, what happens?
The questioner : It is permissible.
The Shaykh : It is permissible to sell it. Is the edible part of the ear inside it or outside?
The questioner : Inside it.
The Shaykh : Inside it. So we can add this hadith to the three justifications we mentioned for the permissibility of selling what is eaten inside it. The sale of hard grain in its ear, and the evidence for that is that the Prophet (peace and blessings be upon him and his family)Al-Mustadrak lil-Hakim 20:66 .
The questioner : Oranges.
The Shaykh : Oranges. Are there fruits other than that? Eggs, yes>
The questioner : Coconut.
The Shaykh : And coconut, but that is all, it is finished. It is valid to sell what is eaten inside it because custom has established it and people have transacted with it without objection, and because opening it would spoil it. The Prophet (peace and blessings be upon him) forbade the waste and spoilage of wealth. So if it were said, "Do not sell eggs unless you peel them," what would happen? They would be ruined. And if it were said, "Do not sell oranges unless you peel them," they would also be ruined. But what do you say if the buyer says, "I will not buy until you cut the watermelon," which is called by their custom "on the knife"? Is it valid? We say yes, it is valid, because this is a specific transaction. Now, some sellers, especially sellers of watermelon, cut one open and display it. When people see it and it is red, meaning it is good, this resembles selling a sample, does it not? It resembles selling a sample. So if he sells me one and I take it home and cut it open and it is whiter than a headscarf, do I have the right to return it to him?
The questioner : Yes.
The Shaykh : Yes?
The questioner : Shaykh, but it is required that it be like the rest, meaning...
The Shaykh : This is like it.
The questioner : He does not know...
The Shaykh : The important thing is that he can return it?
The questioner : Yes.
The Shaykh : It appears that he can return it. And although this is not a verbal condition, it is a practical condition, as if this seller is saying, "O people, this watermelon is of this quality." So it appears that he has the right to return it. Now, is it valid? Yes.
Pomegranates. And likewise, the sale of fava beans and the like, in my view, such as chickpeas, walnuts, and almonds. I do not know fava beans, but chickpeas are known, walnuts are known, and almonds are known. All of them are eaten inside their shells. Some people told me a strange story: bananas were served to an uneducated man from a lawful source who did not know, so he started taking the peels and eating them, leaving the flesh, and saying, "This flesh is bitter and not edible." So is what is eaten inside it or outside? No, according to this man, what is eaten is outside. But the correct view is that what is eaten is inside it, so it is valid. Now.
And the sale of fava beans and the like in their shells. The evidence for this is that it is valid to sell these things in their shells, as we mentioned a moment ago. The need for it and people's transaction with it without objection, and because opening them would be a cause of their spoilage. There is also evidence from the Sunnah, which is that the Prophet (peace and blessings be upon him)
He forbade the sale of grain until it hardens
نهى عن بيع الحب حتى يشتدThe questioner : It is permissible.
The Shaykh : It is permissible to sell it. Is the edible part of the ear inside it or outside?
The questioner : Inside it.
The Shaykh : Inside it. So we can add this hadith to the three justifications we mentioned for the permissibility of selling what is eaten inside it. The sale of hard grain in its ear, and the evidence for that is that the Prophet (peace and blessings be upon him and his family)