The Book of Sales Transactions

Another Fatwa regarding Issues of As-Salam

Q: If a man gives some dirhams (money) in advance for dried dates whose weight is specified, is it permissible for him to take a number of date trees by estimate according to the amount of his money from the weight when the fruit just begin to ripen? Is this allowed or not?

A: There is a difference of opinion regarding the ruling on this issue. From the people of knowledge are those who allow it and from them there are those who forbid it. Those who allow it, restrict it to the case of the fruit being taken instead of what is possessed with certainty and both parties being pleased with that, and they do not have a condition between them for that in the contract. They use the confirmed story of Jabir in the Sahih as a proof for this, and also the fact that the issue of preservation is broader than the issue of sales, and the people are more in need of it than they are in need of sales. This is also because it is from the matter of taking some of the rights and absolving oneself of what remains. This is also a way of making things easier on the debtor, being kind to him and showing leniency by taking the right in a lesser amount.

Those who prohibit it are the majority and their proof is the Hadith of Ibn 'Abbas (Radiyal Lahou 'an-um) that is confirmed in the Two Sahihs. He narrated that the Messenger of Allah (Salallahou 'aleyhi wa salam) said: "Whoever pays in advance for something, then let him pay in advance for a specified measurement, and a clear and specified weight for a specified amount of time" (Al-Bukhari no. 2240 and Muslim no. 1604).

The content of this Hadith is general. It has been said that the situation with Jabir was a specific situation that is not general, and the correct view is that this is prohibited as a way of cutting off the means of evil. This is also due to the Hadith of Ibn 'Umar (Radiyal Lahou 'an-um) that is recorded in the Two Sahihs concerning the prohibition of Al-Muzabanah. Al-Muzabanah is that a person sells the fruit of his garden if they are on palm trees for fruit that is weighed, and if it is a crop (still in the field) he sells it for measured food, and if it is grapes (in the vineyard) he sells them for measured raisins. The first opinion is the most correct, because the Hadith of Jabir is an obvious text concerning the allowance of this. This is also due to what proceeded of the reasons that necessitate its permissibility. In reference to the situation meaning that the person would receive less than his right or same as it or more than it, then this is agreed upon as being prohibited due to the generality of the previous Hadith from Ibn 'Umar.

The Permanent Committee

The ruling on the Sale of Shares when the Ownership is shared

Q: What is the ruling on the sale of shares when the ownership is shared on a piece of land whose borders, area, place and possession are specified by the mandates of a deed that confirms the joint sharing in its ownership and specifies the amount of these shares in reference to all of the land?

A: There is no harm in the circulating of shares that are jointly owned in real estate whose borders, area and place are all specified, as long as the person's percentage is known. For example, if his percentage is a fourth of the land or an eighth of it or four tenths of it and so forth. There is no harm in it being changed by buying, selling, being given as a gift, inheritance, mortgaged collateral and other than that from the rights of legislated exchange concerning what a man owns. This is due to there being no legislated prohibition concerning that.

May Allah send blessings and peace upon Muhammad, his family and his Companions.

The Permanent Committee

The ruling on buying the Fruit of Palm Trees then selling it while it is still on the Tree

Q: There are people who buy fruit of palm trees at a specified price when they first begin to ripen, then they sell it for a profit while it is still on the trees. Is this permissible or not?

A: This type of dealing is permissible from the Book and the Sunnah as it enters into the generality of the evidences concerning sales, and we do not know of any evidence that removes it from being included in this generality. This is also because the fruit is possessed by the first owner relinquishing it.

The Permanent Committee