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Transactions » Purchase and sale of fruits

2107. It is in order to sell the fruits before plucking them, when the flowers have fallen, and when the seeds have been formed, provided that, it is also known that it is saved from harm or decay, and its quantity can be fairly estimated. In fact, when it is still not known whether the formed seeds have passed the stage of any harm or decay, if the fruit sold is two years old or more, or it is just the quantity which has presently grown, and it has a substantial value, the sale transaction will be valid. Similarly, if other produce grown from earth or anything else is sold together with the fruits, the transaction will be valid. But, as an obligatory precaution, this supplement must be such that if the seeds fail to develop into fully grown fruits, the capital invested by the buyer is not lost.

2108.
It is also permissible to sell the fruits growing on the tree, which have not yet developed the seed, and whose flowers have not yet fallen. But it must be sold along with something which grows from earth (like vegetables) so that, as explained in the foregoing rule, the buyer sustains no loss. Or the fruit must be more than one year old.

2109.
There is no harm in selling the dates which have become yellow or red while they are still on the tree, but the dates of the same tree or any other should not be exchanged for them. But, if a person owns a date tree in the house or garden of another person, and if the quantity of the dates of that tree is estimated, and the owner of the tree sells them to the owner of the house or the garden, and dates are exchanged in lieu of them, there is no harm in it.

2110.
There is no harm in selling cucumber, brinjals, vegetables etc. which are picked several times during a year, provided that, they have grown and are visible and provided that, it is agreed as to how many times during the year the buyer would pick them. But if they have not grown nor can they be seen, their sale is a matter of Ishkal.

2111.
If after the ears of wheat have developed seeds, they are sold for the wheat obtained from the same harvest, or from other ears, the transaction will not be valid.
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