Question From:

Bapak Refinal di Sei Jernih Palu, Pasaman, Sumatera Barat

Question:

1. How the law of sale of fish in the water?

2. How is legal to sell fruits that are still in the trunk?


Answer:

1. Among the contract terms object is an object that can be handed over and the object and the prices are clearly known. The point of the object can be handed over, namely in terms of legal and physical senses. Buying and selling of objects that can not be handed over physically-sensuous, then the sale was illegal, like selling fish in the water. Because buying and selling it contains garar, ie there are elements of fraud that would invite unwillingness of buyers, thus including the category of eating someone else's property is false (not valid). In this regard, the Messenger of Allah said:

لَا تَشْتَرُوا السَّمَكَ فِي الْمَاءِ فَإِنَّهُ غَرَرٌ[رواه أحمد عن ابن مسعود]

It means: "Thou shalt not buy fish in the water, because in fact it contains such a garar." [Hadith History of Mas'ud Ahmad]

2. Among the Prophet's hadith that talk about buying and selling fruits are:

عَنِ ابْنِ عُمَرَ رَضِيَ اللهُ عَنْهُ قَالَ: نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الثِّمَارِ حَتَّى يَبْدُوَ صَلاَحُهَا ، نَهَى الْبَائِعَالْمُبْتَاعَ[رواه البخاري ومسلم]

It means: "From Ibn 'Umar, he said: The Messenger of Allah forbade the sale of fruit, so it is clear the ban was a good idea for sellers and buyers." [Hadith History of al-Bukhari and Muslim]

From the above hadith, that the notion of "good" means to have been cooked and good to eat and no doubt has become a fruit that can be utilized. In contrast to fruits that are still young, which may not necessarily be a ripe fruit and can be utilized. If the sale would bring harm to the seller, because prices are low. Therefore, buying and selling fruits that are clearly ripe, though still on the tree, can be categorized as buying and selling the obvious fruit quality. In other words, the permissibility of sale of fruits that remain on the tree, provided it was clear to cook, but does not conflict with the meaning of the hadith above. It can also be based on the customary practice prevailing in the community that brings the smooth mu'amalah.