Bukhari

Hadith Commentary:
The hadith does not require further explanation in its meanings.
Any aspect in which there is a possibility of harm for the buyer or the seller is disliked in the eyes of the Shariah. However, after a transaction is lawfully completed, profit or loss is a matter of fate.
Trade is conducted for the sake of profit.
But sometimes loss also occurs, therefore this is not an issue.
Nowadays, the businesses that are running in the form of races and the like are, according to the Shariah, all haram and unlawful, and in fact fall under usury.
The meaning of the last sentence of the hadith is clear: you sold your unripe orchard to your brother and also received the agreed-upon money from him.
Later, the orchard did not bear fruit, was struck by calamity, or bore little fruit, so the amount you received from your buyer brother—by what commodity will it be lawful for you?
Therefore, do not make such a transaction at all.

Hadith Commentary:
(1)
In this hadith as well, there is clarification regarding the buying and selling of unripe fruits on the tree: such a transaction is not permissible, because any aspect in which there is a risk of loss for the buyer or seller is, in the view of the Shariah, a disliked act.
Anas (radi Allahu anhu) has clarified that when the fruit turns red or yellow, or becomes edible to some extent, then it is permissible to sell it; after that, profit or loss is a matter of fate.
(2)
The meaning of the last sentence of the hadith is also clear: you sold an unripe orchard to your brother and received the agreed-upon amount, but later the orchard did not bear fruit or was struck by calamity—so how can you consider the amount you received as lawful (halal) for yourself?
(3)
From this it is understood that the contracts for orchards in our region, which are made for two or three years, are not permissible according to the Shariah.

Hadith Commentary:
In the explanation of "zahu," Allamah Shawkani rahimahullah states:
It is said "zaha al-nakhl yazhu" when the fruit of the date-palm appears, and "azha yazhi" when it turns red or yellow.
That is, when the fruit of the date-palm becomes visible and, in its ripening process, turns red or yellow, the term "zaha al-nakhl" is used for it.
And its season is the month of Asadh (the hot season).
During this time, in Arabia, the star Thurayya (Pleiades) begins to rise in the morning.
In Abu Dawud, it is narrated marfu‘an from Abu Hurayrah radi Allahu anhu:
“When the star rises in the morning, the blight is lifted from every land.” The "star" refers to Thurayya, meaning that the season in which this star begins to rise in the morning is the season when the fruits have started to ripen, and now the period of danger for the fruits has ended.
And "al-najm" is Thurayya, and its rising occurs at the beginning of summer, and that is when the heat intensifies in the land of Hijaz and the fruits begin to ripen. Ahmad has transmitted from the route of ‘Uthman ibn ‘Abdullah ibn Saraqah: I asked Ibn ‘Umar radi Allahu anhuma about the sale of fruits, and he said: The Messenger of Allah sallallahu alayhi wa sallam forbade the sale of fruits until the blight has passed. I asked, “And when is that?” He said, “Until Thurayya rises.”
(Nayl)
The meaning of this passage in Urdu is the same as what was written earlier.

Hadith Commentary:
It appears that the word "zahu" is specifically used for dates that are tinged with redness or inclined towards yellowness.

Hadith Commentary:
(1)
Hafiz Ibn Hajar rahimahullah writes:
By this heading is meant the sale of date palm trees, and previously the sale of fruits was mentioned; therefore, this is not a repetition.
(Fath al-Bari: 4/502)
However, according to us, by this heading is meant the sale of the fruit of the date palm itself, because "zuhw" pertains to that fruit of the date palm which is fresh.
Previously, fruits in general were mentioned, and in this heading, the fruit of the date palm is mentioned specifically, because among the Arabs in the region of Hijaz, dates were found in abundance.
(2)
In one narration, it is clarified that the questioner is Hazrat Anas radi Allahu anhu’s special student, Hazrat Humaid, and the one answering is Hazrat Anas radi Allahu anhu.
(Sahih al-Bukhari, al-Buyu', Hadith: 2208)
(3)
In any case, before something becomes usable (qabil intifa‘), the buying and selling of any kind of fruit is not permissible, because by doing so there is a risk of harm to one of the parties, the explanation of which will come later.

Hadith Commentary:
That is, until it is certain that now the fruit will definitely be harvested and there is no longer any fear of calamity.
The meaning of ripeness is that its maturity becomes apparent from its color.
Selling it before this is prohibited because sometimes a calamity befalls and the entire fruit is ruined or falls off.
In such a case, it is as if the buyer’s wealth has been consumed without right.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah does not intend to discuss the rulings of buying and selling through these ahadith, because such rulings will be discussed in the Book of Trade (Kitab al-Buyu‘). At this point, he wishes to clarify an important issue: when the ripeness of fruits becomes apparent and an assessor appointed by the authority determines the amount of ‘ushr (tithe) based on his estimation, due to which the right of the poor and needy becomes established in the fruits, even then, it is permissible to sell them, provided that their right, i.e., ‘ushr and zakat, is paid from some other wealth. Furthermore, selling in such circumstances does not absolve one from the obligation of charity, etc.

(2)
It should be noted that there are three scenarios for selling fruits and the like:
• After ripening, only the fruit is sold.
Doing so is permissible; there is no legal objection to it.
• After ripening, selling the fruit along with the trees; in this case, it is permissible to sell them even before they reach suitability (for harvest).
• Selling only the trees; in this case, the fruit will also belong to the buyer unless the seller stipulates that he will keep the fruit himself.

(3)
There will also be these three scenarios in the buying and selling of crops: that is, after the crop has reached suitability, selling only the produce, or selling it along with the land, or selling only the land.

(‘Umdat al-Qari: 6/538)

Hadith Commentary: Benefits and Issues: Imam Dar Qutni rahimahullah is of the opinion that this statement is from Anas radi Allahu anhu, and the attribution of it to the Prophet sallallahu alayhi wa sallam is a mistake on the part of the narrator. And from this it is understood that this points towards the reason for the prohibition of selling before the crop's ripeness.

Benefits and Issues:
➊
The saleability of different types (of goods) is manifested in different ways.

➋
When the fruits of an orchard are unripe, they are green; later, gradually, their true color begins to appear.
At that time, the risk of their being ruined becomes less.
At that time, it is permissible to sell these fruits.
The purpose of the color change is precisely that they become large enough to be safe from seasonal dangers.

➌
The grains in the ears of wheat and similar crops are soft and delicate; later, gradually, they become hard.
At that time, the risk of their being ruined becomes less.
And it also becomes possible to estimate how much yield the field will produce.
At that time, it is permissible to sell the standing crop, but not before.

➍
Even after the capability of the fruit or crop has become apparent, if after selling, some calamity befalls it—for example,
a storm or hurricane that destroys the crop—then the seller should not take the price; if he has already received it, he should return it. (See, Hadith: 2219)

➎
Our esteemed researcher has declared the aforementioned narration weak in its chain of transmission, whereas other scholars have declared it authentic. Therefore, despite the aforementioned narration being weak in its chain, it is correct in meaning, authoritative, and actionable.
For further details, see: (Sunan Ibn Majah, edited by Dr. Bashar Awwad, no. 2217; Al-Irwa’ by Al-Albani, nos. 1364, 1366; and Al-Mawsu‘ah Al-Hadithiyyah, Musnad Imam Ahmad 12/37)

Hadith Authentication:
[وأخرجه البخاري 1488، 2198، ومسلم 1555/15، من حديث مالك به وصرح حميد بالسماع عند البخاري 2197]

Jurisprudential Explanation:
➊ Since in such transactions there is a risk of severe loss to one of the parties and the possibility of serious dispute arising, the general public has been prohibited from engaging in them.
➋ Among the characteristics of Islamic trade is that neither party should suffer any harm.
➌ In Islamic law (Shari‘ah), special consideration is given to the rights of every individual so that people remain protected from one another’s harm.
➍ If something is likely to cause harm in the future, it can be prohibited beforehand as a preventive measure (sadd al-dhara’i‘).

Hadith Commentary:
The position of Imam Bukhari rahimahullah appears to be that the sale and purchase of fruits before their ripening is not valid; however, if someone does engage in such a transaction before ripening, then the sale will be considered valid, but in the event of a calamity (such as disease affecting the crop), the liability will be upon the seller. That is, the seller will have to return the entire amount to the buyer.

In this regard, Imam Bukhari rahimahullah has adopted the position of Imam Zuhri rahimahullah, as will be clarified in the upcoming narration.

Some scholars state that the nature of the calamity should be considered: if the loss is less than one-third, it will not be taken into account, but if the loss exceeds one-third, then compensation will be due, which is the responsibility of the seller.

Takhrij:
«أخرجه أبوداود، البيوع، باب في بيع الثمار قبل أن يبدو صلاحها، حديث:3371، والترمذي، البيوع، حديث:1228، وابن ماجه، التجارات، حديث:2217، وأحمد:3 /221، وابن حبان (الإحسان):7 /231 /حديث:4972، والحاكم:2 /19، حميد الطويل مدلس وعنعن.»©Explanation:
➊ The aforementioned narration has been declared weak in its chain (isnad) by our esteemed researcher, whereas other scholars have deemed it authentic and have discussed it in detail, from which the opinion affirming the authenticity of the hadith appears to be correct. Therefore, despite the narration being weak in its chain, due to other supporting evidences and corroborations, it is considered authoritative and actionable.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 12/37; Al-Irwa’ by Al-Albani, no. 1364, 1366).

➋ The grains of wheat and similar crops are soft and delicate while in the ears, and then gradually become hard. At that stage, the risk of their being wasted is reduced, and it also becomes possible to estimate how much yield the field will produce. At that time, it is permissible to sell the standing crop, but not before. However, even after the fruit or crop’s potential has become apparent and it is sold, if some calamity befalls it and the crop is destroyed, then the seller should return the price, as is narrated from Jabir ibn ‘Abdullah radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said: “Whoever sells the fruit of his orchard, and then a calamity befalls it, the seller should not take anything from his brother’s wealth,” meaning he should not take the price. He (sallallahu alayhi wa sallam) said: “Why should he take his Muslim brother’s wealth?” (Sahih Muslim, Kitab al-Musaqat, Chapter: On the Removal of Calamities, Hadith: 1554). The next narration also supports this meaning.
Therefore, in light of these ahadith, it is not permissible for the seller to keep the price of the crop after a calamity has struck.
And Allah knows best.