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Chapter ten » Immediate exchange (naqd) and credit (nasīʾah) transactions → ← Chapter ten » The transaction formula (ṣīghah)

Chapter ten » Buying and selling fruit

Ruling 2109. The sale of fruit that has shed its flower and developed buds, and about which it is known whether it has been saved from disease or not such that the quantity of that tree’s produce can be estimated, is valid even before it is picked. In fact, even if it is not yet known whether it has been saved from disease or not, in the event that the sale is of two years or more of fruit, or the sale is of the quantity that has grown at the moment, the transaction is valid on condition that the fruit has a significant value. Similarly, if a produce of the earth or something else is sold with it, the transaction is valid. However, the obligatory precaution in this case is that the other produce must be incorporated into the transaction in a way that if the buds do not form into fruit, the capital of the buyer is protected.

Ruling 2110. The sale of fruit that is on trees before the fruit forms buds and sheds its flower is permitted, but it must be sold with something else in the way described in the previous ruling; or, the sale must be for one year or more of fruit.

Ruling 2111. There is no problem in the sale of the fruit of date palms which are on the trees, whether they be ripe or unripe. However, the payment in exchange must not be dates, whether they be from the same tree or from another. However, if the fruit is sold for ripe ruṭab [soft, moist dates] or unripe ones that have not yet become dates, there is no problem. If someone owns one date palm in the house of another person and getting to it is difficult for him, then, in case the quantity is estimated and the owner of the date palm sells it to the owner of the house and receives dates in exchange, there is no problem.

Ruling 2112. There is no problem in selling cucumbers, aubergines, vegetables, and the like which are picked a number of times a year as long as the produce has become apparent and is visible, and as long the number of times the buyer will pick and purchase the produce has been specified. However, if the produce has not become apparent and visible, then selling it is problematic [i.e. based on obligatory precaution, it is not valid].

Ruling 2113. If wheat ears are sold after they have formed grains for wheat that has been acquired from itself or from other wheat ears, the transaction is not valid.
Chapter ten » Immediate exchange (naqd) and credit (nasīʾah) transactions → ← Chapter ten » The transaction formula (ṣīghah)
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