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Sahih Muslim 1543a (Book 21, Hadith 100) #11028
Ownership of Fertilized Palm Trees

SUMMARY: The hadith explains that if someone buys palm trees after they have been fertilized, the fruit belongs to the seller unless the buyer makes a special agreement.

Ibn Umar (Allah be pleased with them) reported Allah's Messenger as saying: If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ مَنْ بَاعَ نَخْلاً قَدْ أُبِّرَتْ فَثَمَرَتُهَا لِلْبَائِعِ إِلاَّ أَنْ يَشْتَرِطَ الْمُبْتَاعُ

TOPICS
trees  *  fertilization  *  ownership  *  nakhl  *  tazkiyah  *  mulk

QUICK LESSONS:
Make sure you are aware of your rights and obligations when entering into any kind of contract or agreement; Be clear about what each party will receive from an agreement; Respect ownership rights
EXPLANATIONS:
This hadith explains that when someone buys palm trees after they have been fertilized, the fruit produced by those trees belong to the seller unless there is a special agreement between them. This means that if a buyer does not make it clear in their contract with the seller that they will own any fruits produced by those trees, then it is assumed that all fruits belong to the seller. This hadith teaches us about ownership and contracts and how important it is for both parties involved in an agreement to be clear about what each party will receive from it. It also teaches us about responsibility and making sure we are aware of our rights and obligations when entering into any kind of contract or agreement.

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