Azami 5761

Imam Ahmad (24407) and Harith in his Musnad - Bughyat Bahith (p. 470) - narrated it from the hadith of Abdul-Rahman bin Abu Rijal, from his father, from Amra, from Ayesha, and he mentioned it. He also narrated it (25268) from Abu Amir, who said, Kharija bin Abdullah narrated to us, from Abu Rijal, from his mother Amra, from Ayesha, and he mentioned it.Abdullah said, My father said, "Kharija is daif in hadith." I say, Kharija bin Abdullah is the son of Sulayman bin Zayd bin Thabit. Ibn Main said, "There is nothing wrong with him." Abu Hatim said, "A shaykh whose hadith is sound."From this same route, Tahawi also narrated it in his Sharh (4/23), and Ibn Abdul-Barr in Tamhid (13/134). He was not alone in narrating it, for Abdul-Rahman bin Abu Rijal corroborated him, from his father, as mentioned before. But Malik narrated it as a mursal report in Buyu (12), from Abu Rijal, without mentioning Ayesha in it. The ruling belongs to whoever connected it.Daraqutni said in his Ilal (14/425), "Abu Rijal narrates it, and there is disagreement over it. Kharija bin Abdullah bin Sulayman narrated it from Abu Rijal, from Amra, from Ayesha, and Ibn Abu Rijal corroborated him from his father. Malik narrated it from Abu Rijal, from Amra, as a mursal report. It is Malik's habit to narrate hadiths as mursal." End of quote. He did not consider Malik's mursal narration a defect invalidating the hadith, because he attributed the mursal transmission to Malik's habit as a precaution, while others narrated it as connected.Ibn Abdul-Barr said, after tracing the hadith through the route of Kharija bin Abdullah, and mentioning among its corroborating reports the hadith of Ibn Umar and Abu Saeed, "It has been narrated from the Messenger of Allah ﷺ through many routes, all sahih and established, that the Messenger of Allah ﷺ forbade selling fruit until its soundness becomes apparent, until it blossoms, until it reddens, until it becomes edible, and until it is free from blight, wordings all of which are preserved, though their meaning is one."Similar in meaning is what has been narrated from Abu Saeed, from the Prophet ﷺ, who said, "Do not sell fruit until its soundness becomes apparent." It was asked, "What is its soundness?" He said, "That its blight departs and its soundness becomes clear." Bazzar narrated it - Kashf Astar (1291) - through the route of Ibn Abu Yaala, from Atiya, from Abu Saeed Khudri, and he mentioned it.Haythami mentioned it in Majma (4/102), and also attributed it to Tabarani in Awsat, and said, "In Bazzar's chain is Atiya, who is daif, though he has been deemed reliable by some. And in Tabarani's chain is Jabir Jafi, who is daif, though he too has been deemed reliable by some." End of quote.On this topic there are also reports from Abu Umama, Saad bin Abu Waqqas, and Ali bin Abu Talib, all of which are daif.The jurisprudence of this chapter1 - The practice among the scholars is based on this. They do not permit selling fruit before its soundness becomes apparent, for the reason mentioned in the hadith.2 - But if a person sold it while stipulating that it be picked immediately, this would be permissible by the agreement of the scholars, because by picking it he is safe from loss due to blight or disease. This removes the very reason for which the prohibition was given.3 - The appearance of soundness differs according to the type of fruit. For fresh dates, it is until they reach the busr stage, meaning when spots of red or black appear on them. For peaches, pears, apricots, and apples, it is when they become sweet enough to be eaten. For melons, it is when signs of ripeness appear on them. For cucumbers and eggplants, it is generally when they are ready to be picked.4 - The rising of the star, that is, the Pleiades, is a sign of the beginning of summer, which marks the start of the fruit's ripening. What is actually taken into consideration is the ripening itself, and the rising of the star is merely a sign of it, as mentioned in the hadith, "Until the yellow is distinguished from the red."5 - If soundness appears in part of the crop, it is permissible to sell all of it, provided the type is the same. If the types differ, the criterion is the appearance of soundness in each type separately, unless picking is stipulated for whatever has not yet shown soundness, in which case selling the whole becomes permissible.6 - Likewise, it is not permissible to sell crops before the grain hardens in the ear, as mentioned in the hadith of Ibn Umar. Shafii used to forbid selling grain while still in the ear, but when the hadith of Ibn Umar reached him, he retracted his position and adopted what the hadith indicates.