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The question

What is the ruling on selling a wheat crop before its goodness becomes apparent, and what is the ruling on the additional amount paid by the seller to the first buyer after the seller retracts his sale?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The question contains three issues:

1. The ruling on selling the crop before its صلاح (suitability for consumption) appears: If the contract is for the specific existing crop, it is forbidden and void, due to the Prophet's (peace be upon him) prohibition of selling fruits before their صلاح appears. If the contract is for the seller to provide a specific quantity (a salam contract), it is permissible under conditions, the most important of which is the full payment of the price at the contracting session.

2. The ruling on selling the crop to a second person after selling it to a first person: If the first contract was void, the seller may sell the crop to whomever he wishes after its صلاح appears, while returning the right of the first buyer. If the first contract was valid, the seller is not permitted to do anything that violates the contract, and the wheat remains his responsibility to the first buyer.

3. The ruling on the agreed-upon increase in case of annulment: If the first contract was void, the increase is not permissible; because the amount is a debt, and any increase on it is usury (riba). If the contract was valid (like a salam contract), annulment is permissible provided there is no increase on the capital of the salam, because a salam debt cannot be compensated for.

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Ftawy
Original fatwa ID
67961
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