because the buyer still has a right to full delivery from the seller. Taking possession of the trees did not give him complete and final possession of the fruit, since the seller remains responsible for watering whatever needs watering, and there is consensus that the buyer may seek compensation from him for any calamity damage attributable to him. The fruit’s need to remain on the trees requires further distinctions, some aspects of which are disputed. These will be explained when discussing the fourth issue, Allah willing.
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As for determining the extent of damage for which a reduction is granted and that for which it is not, according to Mālik and his companions, a reduction is obligatory only when the loss reaches one third or more; none is granted for less than that. The distinction between these two cases rests on two grounds:
The first is the wording of the texts.
The second is the underlying rationale.
As for the wording, it is related that “the Messenger of Allah, peace and blessings be upon him, ordered that reductions be granted for calamity damage.” The term “calamity” applies only to something that destroys all or most of a person’s wealth, not to the loss of a small amount. This is illustrated by someone who owns a thousand dinars: if he loses one, ten, or twenty dinars, his wealth is not said to have been devastated. Likewise, if a small item is stolen from someone’s substantial possessions, it is not said that thieves have devastated his wealth. Once this is established, the distinction here between a small and a substantial loss is clear. This distinction requires a dividing line, and there is no dividing line other than the one we have stated: one third marks the upper end of what is small and the lower limit of what is substantial. Reflection on the revealed text supports this. Allah, Mighty and Majestic, says:
“O you who wraps himself in clothing” [al-Muzzammil: 1], “Stand in prayer at night, except for a little” [al-Muzzammil: 2], “Half of it, or subtract a little from it” [al-Muzzammil: 3]—meaning from half—“Or add to it” [al-Muzzammil: 4], again meaning to half. Then Allah Most High says:
“Indeed, your Lord knows that you stand in prayer for less than two thirds of the night, and half of it, and a third of it” [al-Muzzammil: 20],