Fruit Taken in Kind (“Jins”)

Question

Giving something from the “jins” (a share of the fruit received in kind) to someone as a gift while he knows that this thing being given to him is from the “jins” — is it correct for him to eat it or not? And selling the “jins” when the buyer knows that it is “jins” — how is it for him to buy it?

Answer

If in the “jins” the tree was specified, then making such a “jins” and selling it is prohibited; otherwise it is correct, provided that it is done with the consent of both parties and there is no other matter leading to dispute or any other matter contrary to the Shari‘a.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.