Ibn Majah

Benefits and Issues:
This hadith has also been narrated by Hazrat Abdullah bin Umar radi Allahu anhuma through Hazrat Salim rahimahullah (son of Abdullah bin Umar radi Allahu anhuma), and also by Hazrat Nafi‘ rahimahullah. Salim narrated the hadith in the form of two separate statements:
➊ Whoever sold a date-palm tree...
...etc.
➋ Whoever sold a slave...
...etc.
Whereas Hazrat Nafi‘ narrated the hadith in the form of a single statement, that is, he said:
“Whoever sold a date-palm tree and sold a slave (then their fruit and his property belong to the seller).”
See: (Injah al-Hajah Hashiyah, Sunan Ibn Majah, by ‘Abd al-Ghani Dehlawi rahimahullah)

Hadith Commentary:
(1)
According to this hadith, if grafted date palms are sold, then their fruit will belong to the seller. Since the owner of the fruit is the seller, he should also be given a path to enter the orchard and a share of water to irrigate them.

(2)
Regarding the slave, the hadith narrated from Umar radi Allahu anhu is mentioned in the Muwatta of Imam Malik with a connected chain, stating that the property of the slave belongs to the seller. However, if the buyer stipulates a condition, then in that case the property of the slave will go to the buyer. In any case, the general rule regarding grafted orchards will be that if a person grafts the trees and then sells the orchard, the right to the fruit will remain with him; the buyer will receive the fruit the following year. However, if the buyer stipulates a condition, then the matter will be based on that condition. (Fath al-Bari: 5/64)

Hadith Commentary:
The word "slave" (ghulam) also appears in the hadith.
This means that if a person sells his slave, then whatever wealth the slave possesses at that time will be considered as belonging to the original owner, and the buyer will receive only the slave without any possessions.
However, if the buyer stipulates that he is purchasing the slave along with all his possessions, then all those possessions will belong to the buyer.
The same ruling applies to a grafted orchard.
This depends on the mutual agreement between the parties involved.
The same principle applies to the sale of cultivated land.
Hafiz (rahimahullah) states:
"And all of this is in the case where the sale of the palm trees is unconditional, without any mention of the fruit. If the buyer stipulates by saying, 'I have purchased the palm trees along with their fruit,' then the fruit will belong to the buyer. And if the seller stipulates for himself before pollination, then the fruit will belong to him."
That is, this matter depends on the buyer; if he has made the condition to purchase along with the fruits, then the fruits will be his. And if the seller has stipulated the fruits for himself, then the right will be the seller's.
From this hadith, the permissibility of grafting fruits is also established, in which experts cut a branch from a male tree and tie it to a branch of a female tree, and by the power of Allah, both branches unite.
Then that grafted tree begins to bear abundant fruit.
Nowadays, this technique has advanced greatly, and now, through new experiments, success has been achieved not only in the plants of trees but also in the crops of grains. Even experiments are being conducted on the organs of animals.

Hadith Commentary:
(1)
The intent of the Shariah is that, in matters of transactions, it is necessary for both parties to mutually agree upon the details and for both sides to accept them willingly and gladly, so that no dispute or discord arises in the future.
If the buyer stipulates a condition, then the dispute is resolved; if no condition is stipulated, then the fruits, etc., will belong to the seller.
In short, the transaction will be conducted according to the well-known custom, and the practice that is prevalent in a particular place will be followed accordingly.
Imam Abu Hanifah (rahimahullah) says that whether grafting has been done or not, in both cases the fruits belong to the seller.
And Allah knows best. (2)
Grafting (pollination) is when the cluster of the male date palm is placed in the cluster of the female date palm.
Through this grafting, the yield of fruit increases.
Sometimes, fertilization occurs automatically through the wind.

Hadith Commentary:
It is understood here as well that the matter is dependent upon the buyer.
If he has made a condition and purchased on that basis, then that condition will be enforced, and if the transaction was made without any condition, then the fruit of that season will belong to the previous owner—
the one who grafted those trees.
From the hadith, it is established that selling a tree along with its original root is permissible.

Hadith Commentary:
(1)
From this hadith, it is understood that selling a tree along with its fruit is permissible. In this case, the transaction will depend on the buyer. If, at the time of purchasing the tree, he stipulated that he is taking it along with the fruit, then that condition will be enforced. And if the sale occurred without any condition, then the existing fruit will belong to the previous owner. However, in our society, it is customary that if a mango orchard is sold, then whatever is on it will belong to the buyer; that is, it has been socially accepted that whatever is sold belongs to the buyer.

(2)
In any case, in the event of a dispute, the decision will be made according to the hadith: if the trees were sold and no condition was stipulated, then the fruit of the trees belongs to the seller. Yes, if the buyer stipulated a condition, then he will be entitled to the fruit.
Wallahu a‘lam.

Hadith Commentary:
The meaning is that it is permissible to stipulate such appropriate conditions in buying and selling.
Then, the transaction will be considered finalized with those conditions.
If, after grafting, the buyer stipulates a condition regarding the fruit of that same year, then the fruit will belong to him; otherwise, it will remain with the owner.

Hadith Commentary:
(1)
If, at the time of buying and selling, the fruit of the tree is not mentioned, then if the tree is grafted, the fruit will belong to the seller.
If, at the time of the transaction, the buyer stipulates a condition regarding the fruit, then he will be the one to harvest the fruit.
The meaning is that it is permissible to set such appropriate conditions in buying and selling, and henceforth, only such conditions will be considered valid.
(2)
From this hadith, it is understood that if someone sets a condition at the time of buying and selling that contradicts the essence of the contract, then it will also be against the Shari‘ah.
In such a case, action will be taken according to the real contract.
Imam Bukhari rahimahullah did not mention the answer to the condition in the chapter heading because it was clarified in the hadith; therefore, mentioning only the condition was considered sufficient.
This hadith has already been mentioned previously.
(Sahih al-Bukhari, al-Buyu‘, Hadith: 2203)

Hadith Commentary:
Vocabulary of the Hadith:
Tabir:
To properly cultivate or make a tree or crop fruitful.
The meaning of tabir is generally taken as grafting, which usually brings to mind the grafting of ordinary plants. However, tabir is not the act of inserting a cutting or a bud; rather, Allah Ta’ala has created male and female date trees separately. The pollen of the male tree reaches the female tree’s flowers through wind or insects, causing it to become fertilized and bear fruit. If this process does not occur at all, the female flowers do not become fruitful. If less pollen reaches, then fewer fruits are produced. Therefore, the Arabs, when the fruit spathe would emerge on the male and female trees, would take the pollen from the male spathe, open the covering of the female spathe, and sprinkle it inside. This would complete the process of pollination, resulting in more and larger fruit.

Benefits and Issues:
This hadith establishes that:
If, after pollination (tabir), a fruit-bearing tree is sold, its fruit belongs to the seller unless the buyer stipulates at the time of purchase that he will take the fruit.
There is consensus among almost all jurists on this.
If pollination has not been done,
then according to the majority, the fruit will belong to the buyer,
unless the seller stipulates to keep it himself.
However, according to Imam Abu Hanifah and Imam Awza‘i, the fruit will belong to the seller in every case,
unless the buyer stipulates otherwise.
If some trees have been pollinated and some have not,
then according to the Shafi‘is, all the fruit will belong to the seller, and according to Ahmad, the fruit of the pollinated trees will belong to the seller and the fruit of the unpollinated trees will belong to the buyer.
And according to Imam Malik, the decision will be made according to what is predominant and most common.
And this hadith also establishes that any condition
which is not contrary to the contract
can be stipulated; it is not contrary to the prohibition of “sale with a condition.”
Allamah Taqi Usmani has acknowledged:
“Innash-sharta idha lam yakun mukhalifan limuqtada al-‘aqd la yufsidu bihi al-bay‘” — If a condition is not contrary to the requirements of the contract, it will not affect the sale.
(Takmila, vol. 1, p. 425)
Therefore, if there is no immediate need to ride an animal for transport, the owner of the riding animal can stipulate the condition of riding it for a certain distance.
For this reason, the Messenger of Allah sallallahu alayhi wa sallam permitted Jabir radi Allahu anhu to stipulate the condition of riding, so there is no need for any interpretation of this.
Because the Messenger sallallahu alayhi wa sallam already had a mount,
he sallallahu alayhi wa sallam had no need to ride Jabir’s camel.

Explanation:
1:
Ta’beer:
Grafting is referred to as ta’beer.
Its method is that the male date palm’s spadix is taken and placed into the cluster of the female date palm.
When that spadix opens and splits, then by Allah’s permission, the fruit becomes more abundant.

2:
From this it is understood that if grafting (ta’beer) has not been done, then the fruit will be included in the sale of the date palm tree and will belong to the buyer.
This is the opinion of the majority (jumhur).
Whereas Imam Abu Hanifah’s opinion is that in both cases (whether grafting has been done or not), the right belongs to the seller.
And Ibn Abi Layla says that in both cases, the right belongs to the buyer.
However, both of these opinions are contrary to the ahadith.

Benefits and Issues:
Explanation:
Before the dates bear fruit, they are specially tended in a particular manner.
And the pollen of the male date palm is inserted into the female date palms, etc.
This is called tabir (inserting pollen, or grafting).
There is an indication in this hadith
that if an un-pollinated (non-tabir) date palm is sold and it has fruit on it, then what will be the ruling for the buyer?

(1) The purpose is that if date palm trees are sold in such a state that fruit has already appeared on them and is present, then that fruit will belong to the seller. However, if the buyer stipulates the condition that the fruit present on the trees will also belong to him, and the seller accepts this condition, then in this case the fruit will belong to the purchaser. And this sale will be completely valid. If the buyer does not stipulate the condition regarding the fruit, then the fruit will belong to the seller.

(2) From this blessed hadith, it is also established that grafting of dates and trees is permissible. This is a correct practice. There is no objection or flaw in it according to the Shari‘ah.

(3) Such a condition which is not contrary to the agreement, by specifying it, the sale will not become invalid, nor will this matter fall under the ruling of that blessed hadith in which sale and condition together are prohibited. It is thus understood that the sale of trees can also take place without the fruit.

Urdu marginal note:
“The proceeds from the sale of his property will go to the seller,” because the owner has sold the slave, not the property. In reality, the property of the slave belongs to the owner. The slave himself does not possess ownership, even if the owner has granted the slave permission to conduct business. In the chapter, the word *istithna* (exception) is used; what is meant is the stipulation of a condition.

Benefits and Issues:
(1)
Sometimes a slave needs wealth in order to fulfill his duties, and the owner gives him an appropriate amount of money to use. Or, the owner, to please himself or to encourage the slave out of happiness with his service, lets him wear some jewelry; in such cases, this wealth remains the property of the owner. When the slave is sold, this wealth will not go with him.

(2)
If the buyer clarifies that he is purchasing the slave along with the wealth, or the tree along with its fruit, then obviously the price will increase accordingly. In this case, according to the condition, the wealth or the fruit will belong to the buyer.

(3)
During buying and selling, it is necessary to clarify those matters which could later become causes of disagreement and disputes.

Benefits and Issues:
➊ The fruit of trees begins to form when the pollen from the male part of the flower reaches the tip of the stalk of the female part. In most trees, both the male and female parts are present in the same flower, so the female flower is easily fertilized, which later becomes fruit. In some plants, the male and female flowers are separate. In these, the pollen from the male flower reaches the female flower through insects and wind, and the process of fruit formation begins. In the date palm tree, the male flowers grow on one tree and the female flowers on another. If one relies on fertilization through wind and insects in these, very little fruit is produced; therefore, the flowers from the male tree are taken and sprinkled over the flowers of the female tree by climbing it. In this way, more fruit is produced. In Arabic, this is called ta’beer (تأبیر).

➋ Ta’beer (pollination) is a labor-intensive task, and the quantity of the yield depends on it. Therefore, if the tree is sold after ta’beer, the seller’s effort goes to waste. Thus, at the time of the transaction, it should be clarified whether only the tree is being sold or its fruit as well. If no clarification is made, only the tree will be considered sold, and its fruit will remain the property of the seller. However, in the coming years, when the buyer performs ta’beer, he will also be entitled to the fruit.

Takhrij al-Hadith: [وأخرجه البخاري 2204، ومسلم 77/1543، من حديث مالك به]
Jurisprudential Points:
➊ A general proof remains applicable in its generality unless a specific proof restricts it.
➋ In transactions and other matters, the conditions that Muslims mutually agree upon will be considered valid, except if these conditions are clearly contrary to the Book and the Sunnah, in which case they will be rejected.
➌ Grafting of trees is permissible.
➍ Whether in acts of worship or in transactions, Islam guides us in every matter.
➎ For the avoidance of disputes in transactions, clarity and explicitness are recommended.

Benefit:
In this hadith, an important principle of sale is stated: when an owner sells a slave and the slave possesses some money, will this money remain with the original owner, or will the buyer become its owner? The answer given is that the buyer becomes its owner, except if the seller stipulates at the time of sale that he is only selling the slave and that the money in the slave’s possession will remain his. If he makes such a stipulation, then the money will remain with the original owner.

Similarly, if a person intends to sell his orchard (whether of dates or any other fruit), and the fruit of that orchard is close to ripening, then this fruit will belong to the buyer of the orchard, except if the seller first stipulates that this fruit will be his. If he makes such a stipulation, then this is valid. Islam has established such just laws to save people from disputes and quarrels; it is unfortunate that even then, Muslims are not ready to accept them.