Stipulating, when the crop of an orchard is bought, that a certain quantity of fruit must be handed over

Question

A man, when selling a mango orchard or some other orchard, said to the one taking the crop of the orchard: “I will take, for example, two thousand rupees and five maunds (a unit of weight, ≈ 37 kg) of mangoes.” Is there any way in which taking payment in kind (in goods) would be correct?

Answer

If the qualities of the five maunds of mangoes have been described in such a way that no uncertainty remains, and it was not stipulated that they will be from this orchard or from such-and-such a tree, but rather the buyer has the option of buying them from the market and handing them over, then in this way the transaction is correct: these five maunds of mangoes are not an…

Source: Fatawa Mahmudiyya

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