Selling Fruit on the Trees

Question

Nowadays the sale of fruit generally takes place before it becomes fit to eat. What is the ruling on using the fruit that is sold? It is said that if some kafir buys an orchard and sells the fruit, and a Muslim buys it, then it is permissible, and this statement is attributed to Hazrat Thanawi ﵀. Moreover, orchards are sold several years in advance; since the object of sale is non-existent, this sale appears to be void (batil). So in such a case may fruit be bought from a kafir?

Answer

The sale of unripe fruit is permissible, and if after the sale has taken place the fruit is left on the tree with the permission of the tree’s owner, that too is proper. However, if during the contract a condition was made to leave the fruit on the trees, the sale will be fasid (defective).

Source: Fatawa Mahmudiyya

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