Author(s): Hüseyin OKUR
It has been disputed among Islamic law scholars whether it would be halal to receive payment for an agricultural product after it’s sold and a disaster, also called “al-jaiha”, happens to the product. The narrations of nass about this subject being interpreted differently, different use of the methods of deduction and various contrasting views about when the collection of the produce is complete if the produce is in the field or on the branch of its tree have caused differing conclusions o be reached by the scholars of law in this topic. Hanafi and Shafi’i law scholars, basing their opinion on the relevant nass, have expressed that the collection in the said transaction, and therefore the sales agreement is finalized and thus there could be no amount subtracted from the full payment because the recipient of the produce has had losses due to damage. Maliki and Hanbali scholars, on the other hand, have stated that even if the sales agreement is concluded, there needs to be a reduction from the total sum to be paid in case of a disaster since the collection of the produce isn’t considered complete untilit's harvested and that this is a necessary part of the benefits that laws are intended to confer.
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