What is the ruling on stipulating that the seller performs the harvesting work after selling a standing crop?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Among our scholars, there is disagreement on conditioning the seller to perform the harvest. Al-Khiraqi stated the sale is void. Ibn Abi Musa stated it is impermissible. Another view permits it. If judged impermissible, there are two narrations concerning whether the sale itself becomes void due to the invalid condition. Al-Qadi stated that the accepted doctrine (*al-madhhab*) is that such a condition is permissible. Ibn Hamid and Abu Bakr cited this, and the later scholar did not find Al-Khiraqi's opinion as a narration within the accepted doctrine.
Supporting text
The Shafi'i school also disagreed. Some ruled the sale is void unconditionally if the seller is stipulated to harvest, basing this on three reasons: stipulating work on property not yet owned by the seller, stipulating something not required by the contract, and stipulating postponement of delivery (as delivery means handing it over cut). Those who permitted it viewed it as a combination of sale and lease, which is permissible when done separately. Furthermore, the condition of working on unowned property is invalid, as is stipulating collateral, guarantee, or option, and it is not truly a delay in delivery since possession can be given while standing, and the condition originates from the recipient (buyer).