مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٣٩ - PURCHASE AND SALE OF FRUITS
and the buyer says: "I accept it," the transaction is in order. However,
it is necessary that the buyer and the seller should be serious about
the matter i.e. by uttering the above mentioned words their intention
should be to buy and sell.
٢١٠٨. If the formula is not recited at the time
of transaction. but the seller hands over to the buyer his own property
as against the property which he takes from the buyer; the transaction
is in order and both of them become the owners.
PURCHASE AND SALE OF FRUITS
٢١٠٧. It is in order to sell the fruits on the
tree, whose flowers ha;re fallen, and which has produced seed and there
is also no harm in selling unripe grapes growing on the tree.
٢١٠٨. It is also permissible to sell the fruits
growing on the tree which have not yet developed into the seed and whose
flowers have not yet fallen. And it is better for the seller to sell
them along with something which grows from earth (like vegetables) or
settle with the buyer that he should pick the fruit before its seeds
develop, or sell to him, the fruits of more than a year.
٢١٠٩. There is no harm in selling the
palm-dates, which have become yellow or red while they are still on the
tree, but the dates of the same tree should not be treated to be the
exchange for them. However, if a person has a palm-date tree in the
house or garden of another person and if the quantity of the dates of
that tree is estimated and the owner of the tree sells them to the
master of the house or the garden, and the dates of that very tree are
treated to be the exchange for them there is no harm in it.
٢١١٠. There is no harm in selling cucumber,
brinjals, vegetables and other similar things which are picked a number
of times during a year provided that they have become apparent and
visible and it is settled as to how many times during the year the buyer
would pick them.