أثر الحائجة على العقد في بيع الثمار في الشريعة الإسلامية : بحث مقارن

Abstract EN

AL - jaehe is an Islamic term used by Muslim Scholars “fuqaha” to refer to the selling of fruits while on trees.

fruits such dates, oranges, grapes, apples etc .

usually take sometimes to ripe and then be picked, however if a jaeha sueh as rotting, a disease, or a severe cold befalls the fruits after purchase, but before picking, causing a loss, beyond the control of the purchaser, then if the case is referred to the court, justice necessitates that a sum of price be discounted because of the uncontrollable damage caused.

This is an exception to the rule which states that the contract is binding to contracting parties.