—when his words are explicit and clear? How can it be permissible for us to divert them to another meaning contrary to the apparent wording? Moreover, the rationale for the fruit belonging to the seller after pollination is clear, and it does not apply where the spathe splits open without pollination. In that case, neither analogy nor diverting the hadith to another meaning is valid.

His statement, “unless the buyer stipulates it”: if the buyer stipulates it, then it belongs to him. The evidence for this is as follows:

First: the generality of Allah’s saying: “O you who believe, fulfil your contracts.” [al-Ma'idah: 1] The command to fulfil a contract entails fulfilling it along with its terms and conditions stipulated within it.

Second: Allah’s saying: “Fulfil every commitment, for every commitment will be questioned about.” [al-Isra': 34] The condition a person undertakes is a commitment he has made upon himself.

Third: what has been reported from the Prophet ﷺ: “Muslims are bound by their conditions, except for a condition that makes the unlawful lawful or makes the lawful unlawful.” (1) This condition neither makes the lawful unlawful nor makes the unlawful lawful.