LessonsKitab al-Buyu: Fruit Sales, Ripeness, Cutting and Reserved QuantitiesQuiz

فَإِنْ شَرَطَ تَرْكَهَا عَلَى النَّخْلِ فَسَدَ الْبَيْعُ
Translation: If he stipulates that the fruit is to remain on the palms, the sale becomes defective (fasid).

Shart tarkiha means making it an enforceable term of the sale that the buyer's fruit will remain attached to the seller's palms.

That imports a benefit from the seller's separate property into the sale. In the classical Hanafi account, it is a defective condition not required by an outright fruit sale.

Fasada al-bayʿ is a legal judgment of a defective contract, not merely an expression of dislike.

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Original: retaining fruit by condition

Kitab al-Buyu: Fruit Sales, Ripeness, Cutting and Reserved Quantities

فَإِنْ شَرَطَ تَرْكَهَا عَلَى النَّخْلِ فَسَدَ الْبَيْعُ
Translation: If he stipulates that the fruit is to remain on the palms, the sale becomes defective (fasid).

Shart tarkiha means making it an enforceable term of the sale that the buyer's fruit will remain attached to the seller's palms.

That imports a benefit from the seller's separate property into the sale. In the classical Hanafi account, it is a defective condition not required by an outright fruit sale.

Fasada al-bayʿ is a legal judgment of a defective contract, not merely an expression of dislike.