All perfect praise be to Allaah Alone and peace and blessings be upon His Messenger, the trustworthy, and upon his family and companions and whoever follows them in truth until the Day of Resurrection.

We have previously discussed in the past episodes some types of the trade transactions in the pre-Islamic era that Islam came with prohibiting them for the ignorance, uncertainty, and consuming the property of Muslim unjustly that they include. Also, because they lead in most cases to disputes and quarrels between the seller and the buyer.

In this episode, we will speak about another type of transactions that spread widely during the pre-Islamic period and still exist until now in many of the Islamic and non-Islamic countries. Islam has prohibited it for the uncertainty and ignorance that it implies and because it in many cases leads to disputes and quarrels and consuming the property of people unjustly, and thus causes envy among Muslims while they are commanded to like for their fellow Muslims all goodness that they like for themselves and hate for their follow Muslims all forms of evil that they hate for themselves. This is the issue of selling fruits on their tress before their benefit is evident and becoming ripe.

 Imam Al-Bukhaari, may Allaah have mercy upon him, reported that Jaabir ibn ‘Abdullaah, may Allaah be pleased with them, said: “The Prophet, peace and blessing be upon him, had forbidden the sale of dates till they were good (ripe).” [Reported in Saheeh Al-Bukhaari, the Book of Zakaah, chapter: Whoever sold his fruits, trees, land or crops and gave Zakaah from some other property. Hadeeth no. 1487]

It was also narrated that ‘Abdullaah ibn Dinaar said: “I heard Ibn ‘Umar, may Allaah be pleased with them saying: “The Prophet, peace and blessing be upon him, had forbidden the sale of dates till they were good (ripe), and when it was asked what it meant, the Prophet, peace and blessing be upon him, said, “Till there is no danger of blight.” [Reported in Saheeh Al-Bukhaari, no. 1486]

Imam Al-Bukhaari, may Allaah have mercy upon him, said: “The chapter of the sale of fruits before their benefit is evident. Al-Layth reported from Abi Az-Zenaad that ‘Urwah ibn Az-Zubayr used to report from Sahl ibn Abi Hathmah Al-Ansaari from the tribe of Haarithah from Zayd ibn Thaabit, may Allaah be pleased with him, said, “In the lifetime of the Messenger of Allaah, peace and blessing be upon him, the people used to trade with fruits. When they cut their date-fruits and the purchasers came to receive their rights, the seller would say, 'My dates have got rotten, they are blighted with disease, they are afflicted with Qusham (a disease which causes the fruit to fall before ripening).' They would go on complaining of defects in their purchases. The Messenger of Allaah, peace and blessing be upon him, said, “Do not sell the fruits before their benefit is evident (i.e. free from all the dangers of being spoiled or blighted), by way of advice for they quarreled too much.” Khaarijah ibn Zayd ibn Thaabit said that Zayd ibn Thaabit, may Allaah be pleased with him, used not to sell the fruits of his land till Pleiades appeared and one could distinguish the yellow fruits from the red (ripe) ones.” Abu ‘Abdullaah said, it is reported by ‘Ali ibn Bahr from Hakkaam from ‘Anbasah from Zakariyaa’ from Abi Az-Zenaad from ‘Urwah from Sahl ibn Zayd.

Such two Hadeeths imply prohibiting selling fruits until they become ripe (free from blight). Both the seller and the buyer are prohibited to handle such a sale. Thereupon, the seller is prohibited from selling his fruits before they become ripe and free from any blight and the buyer to accept buying the fruits on their trees before they become ripe. Wisdom behind prohibiting selling fruits before they become ripe and being free from any blight is that if they are sold before they become ripe, then they may be afflicted by blights and damage. The seller will say I have sold them and his obligation was fulfilled by selling such fruits that were not existed during the time of selling. He cares about nothing but money and he has gotten them. As for the buyer, he will be very worried because the fruits that he bought may be damaged. They may be afflicted with blights such as earthworms, diseases, coldness, or heavy rain and thus be destroyed completely or severely damaged. The buyer will ask the seller to cancel such sale and pay him back the price in return for the blights that afflicted the fruits before picking them and thus dispute and quarrel will occur. Therefore, the Lawgiver blocked this door and prohibited selling them before they become ripe. This actually includes all forms of fruits.

What is meant by their condition becoming ripe is when the ripeness first appears on such fruits.

The Prophet, peace and blessing be upon him, prohibited selling fruits on their trees until their ripeness appears and take a color that indicates that it becomes good and ripe.

There are many Hadeeths reported in this regard such as it was narrated that Anas ibn Maalik, may Allaah be pleased with him, said: “The Prophet, peace and blessing be upon him, forbade the sale of fruits till their benefit is evident; and the sale of date palms till the dates are almost ripe. He, peace and blessing be upon him, was asked what 'are almost ripe' meant. He, peace and blessing be upon him, replied, “Got red and yellow.”

 [Reported in Saheeh Al-Bukhaari, the Book of Sales and Trade; Chapter: The sale of date-palms before their benefit is evident, no. 2197]

‘Ali ibn Hujr As-Sa‘di and Zuhair ibn Harb said Ismaa‘eel reported from Ayoub from Naafi‘ from Ibn ‘Umar, may Allaah be pleased with them, that the Messenger of Allaah, peace and blessing be upon him, forbade the sale of palm-trees (i. e. their fruits) until the dates began to ripen, and ears of corn until they were white and were safe from blight. He, peace and blessing be upon him, also forbade the seller and the buyer.” [Reported in Saheeh Muslim, the Book of Sale and Trade, Chapter: Prohibiting the sale of date-palms before their benefit is evident, no. 1535]

An-Nawawi, may Allaah have mercy upon him, said: “Ripeness of fruits is they become red or yellow. This is the sign of ripeness in them and the proof on being free from blights. It is sai, if redness or yellowness appears in dates, then it is a sign for its ripeness and being free from the blights that afflict plants or fruits or the like to spoil it.”

His saying: “…and ears of corn until they were white and were safe from blight” refers to the permissibility of selling the ears of corn when they become firm.

It was also narrated that Anas, may Allaah be pleased with him, said: “The Messenger of Allaah, peace and blessing be upon him, prohibited selling grapes until they appear and selling grains until they become firm.” [Reported in Sunan Abu Daawood, the Book of Sale and Trade, the Chapter of selling fruits before they become ripe, no. 3371 and Sunan At-Tirmithi, the Book of Sale and Trade, the Chapter: What has been related about it being disliked to sell fruits until they began to blossom]

It was expressed in some Hadeeths with Al-Mukhadharah which means selling fruit while it is still green and before it ripens.

It was narrated that Jaabir ibn ‘Abdullaah, may Allaah be pleased with him, said: “The Prophet, peace and blessing be upon him, forbade Al-Muzaabanah and Al-Mukhaadharah. He (one of the narrators) said: “Al-Mukhaadharah means selling fruit before it ripens and Al-Mukhaabarah means selling grapes in return for a certain number of Saa‘s .” [Reported in Sunan An-Nasaai’, the Book of vows and oaths, no. 3883]

Ibn Al-Munthir, may Allaah have mercy upon him, said: “Muslim scholars have agreed on the whole meaning of this Hadeeth i.e. they agreed on prohibiting fruits before they become ripe.”

Ibn ‘Abd Al-Barr, may Allaah have mercy upon him, said: “All of such Hadeeths prohibit selling fruits before they become ripe, being free from blight, and become yellow. All of them (such wordings) were reported from the Prophet, peace and blessing be upon him, to refer to only one meaning ripeness.”

Circumstances that are related to selling fruits before they become ripe as divided by Ibn Qudaamah, may Allaah have mercy upon him:

1- The buyer buys it on condition leaving them on their trees and in the possession of the seller. This form of transaction is invalid according to the consensus of the Muslim scholars.

2- The fruits are sold before their condition is known on condition that the purchaser cuts them down straight away, and does not wait until they ripen. This is permissible because it is guaranteed that blights will not afflict them. Ath-Thawri and Ibn Abi Layla are of the opinion that this is impermissible.

3- The fruits are sold without stating cutting or leaving them, then the sale is invalid according to Maalik, Ash-Shaafi‘i and Ahmed unlike Abu Haneefah, may Allaah have mercy upon them. That is because prohibition is for selling fruits before they actually exist. However, if they exist, then the sale is valid as long as leaving them is not stated as a condition in the contract. The most preponderant opinion is that of the majority of the Muslim scholars because the Messenger of Allaah, peace and blessing be upon him, did not limit it.

Guidelines of ripeness:

First opinion: It becomes fit to eating and the sought signs of its ripeness appear. Every type of fruits has its own signs of ripeness.

Second opinion: Time in which they usually be ripe becomes due. It was narrated that Ibn ‘Umar, may Allaah be pleased with them, said: “The Prophet, peace and blessing be upon him, was asked about selling fruits. He, peace and blessing be upon him, said: ‘It cannot be sold until it is clear of blight.’ He said, What does this mean? He, peace and blessing be upon him, said: ‘Until the Pleiades were visible (at the end of May).” Pleiades are signs of the beginning of summer. It is the time in which fruits become ripe.

The most preponderant opinion is the first one due to the authenticity of this Hadeeth. It was also reported that Zayd ibn Thaabit did not sell fruit until the Pleiades were also visible.

We ask Allaah The Almighty to provide us a good understanding in His religion for He, the Most Exalted, is able to do all of such things. Peace and blessings be upon our Prophet Muhammad, and upon his family and all of his companions.

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